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DEED OF TRUST
<br />DEFINITIONS
<br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 0
<br />and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. Cy
<br />(A) "Security Instrument" means this document, which is dated June l6, 2 000 . . . ............................... . together
<br />with all Riders to this document.
<br />(B) "Borrower" is THOMAS G . , ARB.OGAST . and . SCE . J,, . ARBOGAST, .. HUSBAI�ID AMID, WIFE
<br />...............................
<br />................................... ...............................
<br />Borrower is the trustor under this Security Instrument.
<br />(C) "Lender" is HERITAGE . BANK ............................................................. ............................... Lender is a
<br />CORPORATION .............. organized and existing under the laws of
<br />.......................
<br />the United States of Att rica Lender's address is 110 E ; 9TH, WOOD RIVER,.......
<br />NE...... 8883 .................. ...................... ............................... Lender is the beneficiary under this Security Instrument.
<br />(D) "Trustee" is NATIONAL BANK OF COMMERCE TRUST & SAVINGS ASSOCIATION
<br />......... ............................... .
<br />(E) "Note" means the promissory note signed by Borrower and dated .June „16, 2000 ........................ .. ........ The
<br />Note states that Borrower owes Lender FORTY SIX THOUSAND and WJ% PO * * * * * * * * * * 1W..* *
<br />.................... .............................
<br />* * ....... ...............................
<br />* * * * .. * * * * * *.... Dollars (U.S. $ 46, 000.0..
<br />.... .................)2lus interest. Borrower has promised to
<br />.
<br />pay this debt in regular Periodic Payments and to pay the debt in full not later than J y 1, 2030 .............................
<br />........................................................................................................................ ............................... .
<br />("Property” means the property that is described below under the heading "Transfer of Rights in the Property."
<br />G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the
<br />Note, and all sums due under this Security Instrument, plus interest.
<br />(H) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to be
<br />executed by Borrower [check box as applicable
<br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider
<br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] .......................
<br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider
<br />(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
<br />administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions.
<br />(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
<br />imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
<br />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar
<br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to
<br />order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to,
<br />point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
<br />clearinghouse transfers.
<br />(L) "Escrow Items" means those items that are described in Section 3.
<br />(1� "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party
<br />(other than insurance 0 proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the
<br />Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance m lieu of condemnation; or
<br />(iv) misrepresentations of, or omissions a to, the value and /or condition of the Property.
<br />"Mort age Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
<br />"Peri0 c Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any
<br />amounts under Section 3 of this Securit Instrument.
<br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation,
<br />Regulation X (24 C.F.R. Part 3500), as they might be amended ffrrom time to time, or any additional or successor legislation
<br />or regulation that governs the same subject matter. As used in this Security Instrument, any refers to all requirements
<br />and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a
<br />"federally related mortgage loan" under RESPA.
<br />(Q) "Successor in Interest of Borrower" means anyy party that has taken title to the Property, whether or not that party has
<br />assumed Borrower's obligations under the Note and /or this Security Instrument.
<br />TRANSFER OF RIGHTS IN THE PROPERTY
<br />This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of
<br />the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For
<br />this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described
<br />propertylocated in the ............................................................................... ............................... of
<br />[Type of Recording Jurisdiction]
<br />THE WEST ONE -IFUT (W 1�2)rdO JuLOT THREE (3) AND ALL OF LOT FOUR (4) , BLOCK FOUR (4) ,
<br />FIRST ADDITICN TO WOOD RIVER, HALL COUNTY, NEBRASKA
<br />which currently has the address of 105 E: 13TH STREET
<br />[Street]
<br />WOOD. RIVER ................. ..............................I Nebraska ....... 68883 .............................. ( "Property Address "):
<br />[City] [Zip Code] Form 3028 3/99
<br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT
<br />11111111111111111111111111111111111
<br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 2/17/2000
<br />ref: 7/2000 (page 1 of 7 pages) '" r I J B 2 A 0
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<br />DEED OF TRUST
<br />DEFINITIONS
<br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 0
<br />and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. Cy
<br />(A) "Security Instrument" means this document, which is dated June l6, 2 000 . . . ............................... . together
<br />with all Riders to this document.
<br />(B) "Borrower" is THOMAS G . , ARB.OGAST . and . SCE . J,, . ARBOGAST, .. HUSBAI�ID AMID, WIFE
<br />...............................
<br />................................... ...............................
<br />Borrower is the trustor under this Security Instrument.
<br />(C) "Lender" is HERITAGE . BANK ............................................................. ............................... Lender is a
<br />CORPORATION .............. organized and existing under the laws of
<br />.......................
<br />the United States of Att rica Lender's address is 110 E ; 9TH, WOOD RIVER,.......
<br />NE...... 8883 .................. ...................... ............................... Lender is the beneficiary under this Security Instrument.
<br />(D) "Trustee" is NATIONAL BANK OF COMMERCE TRUST & SAVINGS ASSOCIATION
<br />......... ............................... .
<br />(E) "Note" means the promissory note signed by Borrower and dated .June „16, 2000 ........................ .. ........ The
<br />Note states that Borrower owes Lender FORTY SIX THOUSAND and WJ% PO * * * * * * * * * * 1W..* *
<br />.................... .............................
<br />* * ....... ...............................
<br />* * * * .. * * * * * *.... Dollars (U.S. $ 46, 000.0..
<br />.... .................)2lus interest. Borrower has promised to
<br />.
<br />pay this debt in regular Periodic Payments and to pay the debt in full not later than J y 1, 2030 .............................
<br />........................................................................................................................ ............................... .
<br />("Property” means the property that is described below under the heading "Transfer of Rights in the Property."
<br />G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the
<br />Note, and all sums due under this Security Instrument, plus interest.
<br />(H) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to be
<br />executed by Borrower [check box as applicable
<br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider
<br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] .......................
<br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider
<br />(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
<br />administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions.
<br />(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
<br />imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
<br />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar
<br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to
<br />order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to,
<br />point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
<br />clearinghouse transfers.
<br />(L) "Escrow Items" means those items that are described in Section 3.
<br />(1� "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party
<br />(other than insurance 0 proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the
<br />Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance m lieu of condemnation; or
<br />(iv) misrepresentations of, or omissions a to, the value and /or condition of the Property.
<br />"Mort age Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
<br />"Peri0 c Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any
<br />amounts under Section 3 of this Securit Instrument.
<br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation,
<br />Regulation X (24 C.F.R. Part 3500), as they might be amended ffrrom time to time, or any additional or successor legislation
<br />or regulation that governs the same subject matter. As used in this Security Instrument, any refers to all requirements
<br />and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a
<br />"federally related mortgage loan" under RESPA.
<br />(Q) "Successor in Interest of Borrower" means anyy party that has taken title to the Property, whether or not that party has
<br />assumed Borrower's obligations under the Note and /or this Security Instrument.
<br />TRANSFER OF RIGHTS IN THE PROPERTY
<br />This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of
<br />the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For
<br />this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described
<br />propertylocated in the ............................................................................... ............................... of
<br />[Type of Recording Jurisdiction]
<br />THE WEST ONE -IFUT (W 1�2)rdO JuLOT THREE (3) AND ALL OF LOT FOUR (4) , BLOCK FOUR (4) ,
<br />FIRST ADDITICN TO WOOD RIVER, HALL COUNTY, NEBRASKA
<br />which currently has the address of 105 E: 13TH STREET
<br />[Street]
<br />WOOD. RIVER ................. ..............................I Nebraska ....... 68883 .............................. ( "Property Address "):
<br />[City] [Zip Code] Form 3028 3/99
<br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT
<br />11111111111111111111111111111111111
<br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 2/17/2000
<br />ref: 7/2000 (page 1 of 7 pages) '" r I J B 2 A 0
<br />
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