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DEFINITIONS <br />200104896 <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 \5N <br />and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. . \^ <br />(A) "Security Instrument" means this document, which is dated .... ....................04.27. 2001 ..........................., together J <br />with all Riders to this document. Q <br />(B) "Borrower" is ............................................................... ............................... <br />.................................... ............................... <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is . Heritage, 6,49k .................. <br />Lender is a .C.II(POTOR0 ................. ............ organized and existing under <br />the laws of .th.Q Aate. 4t. N0ra4ka ......... ............................... . Lender's address is ..1333. �Iprth Wabb Aoadr P,O:.O.Q .5.13.$. <br />.Qran0.Island,.W . 0 0.$ Q2 .............................................................................................. ............................... <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is Heritega Bank „1333 N; Webb,Road Grand Island NE 68802.5138 <br />........ .........R. .. <br />.................. <br />(E) "Note” means the promissory note signed by Borrower and dated 04,•27; 204,1, , , , , , , , , , , , , , , , , . The <br />Note states that Borrower owes Lender Oighty.Oioe th.QU$Aodfout hundred. sixty. six. and. 6hl. 10.0 ............ ............................... <br />................... ............................... Dollars (U.S. $ $9,466,65,,,,,,,,,,,,,,,,,,,,,) plus interest. Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than ..................... 04-27.20Q0................... <br />......................................................................................................................... ............................... <br />(F) "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 Note, <br />and all sums due under this Security Instrument, plus interest. <br />(1) "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 />Q) "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 />(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party <br />(other than insurance 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 in lieu of condemnation; or (iv) <br />misrepresentations of, or omissions as to, the value and /or condition of the Property. <br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />(0) "Periodic 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 Security 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 from time to time, or any additional or successor legislation or <br />regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and <br />restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally <br />related mortgage loan" under RESPA. <br />(Q) "Successor in Interest of Borrower" means any 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 />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT <br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 8/17/2000 <br />ref: 1/2001 (page I of 7 pages) <br />1111111111111111111111111111111111 <br />' <br />�J)\ <br />C <br />C=; <br />�N <br />c 3> <br />o <br />F <br />, _ <br />N CO <br />N y r <br />RYS = <br />rn <br />� <br />-C <br />N <br />_qM <br />-n <br />��. <br />O <br />�/ " <br />O <br />N <br />z <br />r1 <br />f <br />= <br />W <br />O <br />y <br />r n <br />M <br />a <br />U <br />W <br />ooh <br />W <br />n <br />� -_ I <br />CD CD <br />W <br />Cn <br />Gn <br />N <br />Z <br />O <br />• <br />[Space Above This Line For Recording Data[ <br />DEED OF TRUST <br />DEFINITIONS <br />200104896 <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 \5N <br />and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. . \^ <br />(A) "Security Instrument" means this document, which is dated .... ....................04.27. 2001 ..........................., together J <br />with all Riders to this document. Q <br />(B) "Borrower" is ............................................................... ............................... <br />.................................... ............................... <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is . Heritage, 6,49k .................. <br />Lender is a .C.II(POTOR0 ................. ............ organized and existing under <br />the laws of .th.Q Aate. 4t. N0ra4ka ......... ............................... . Lender's address is ..1333. �Iprth Wabb Aoadr P,O:.O.Q .5.13.$. <br />.Qran0.Island,.W . 0 0.$ Q2 .............................................................................................. ............................... <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is Heritega Bank „1333 N; Webb,Road Grand Island NE 68802.5138 <br />........ .........R. .. <br />.................. <br />(E) "Note” means the promissory note signed by Borrower and dated 04,•27; 204,1, , , , , , , , , , , , , , , , , . The <br />Note states that Borrower owes Lender Oighty.Oioe th.QU$Aodfout hundred. sixty. six. and. 6hl. 10.0 ............ ............................... <br />................... ............................... Dollars (U.S. $ $9,466,65,,,,,,,,,,,,,,,,,,,,,) plus interest. Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than ..................... 04-27.20Q0................... <br />......................................................................................................................... ............................... <br />(F) "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 Note, <br />and all sums due under this Security Instrument, plus interest. <br />(1) "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 />Q) "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 />(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party <br />(other than insurance 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 in lieu of condemnation; or (iv) <br />misrepresentations of, or omissions as to, the value and /or condition of the Property. <br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />(0) "Periodic 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 Security 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 from time to time, or any additional or successor legislation or <br />regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and <br />restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally <br />related mortgage loan" under RESPA. <br />(Q) "Successor in Interest of Borrower" means any 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 />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT <br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 8/17/2000 <br />ref: 1/2001 (page I of 7 pages) <br />1111111111111111111111111111111111 <br />