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C�J <br />04 <br />200105309 <br />DEED OF TRUST <br />DEFINITIONS— <br />`J <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 <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 .... ...................05.31.2001.. . . . . . . . . ................. . , together <br />with all Riders to this document. <br />(B) "Borrower" is Ted N...Schultz.and Sony?.4..Schultz, Husband and. Wife..... <br />................................. ............................... <br />................................. ............................... <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is . Heritage. Bank ........................... <br />Lender is a .W.119rAPP ............................................................ ............................... organized and existing under <br />the laws of . 0e, staXQ, Qf, Ne41ash4 ........... ............................... Lender's address is ,1.10 East,9th Street,.P,O. Box.487........ <br />Wood. Ri.verR NE„ 68883 ................................................................................................ ............................... . <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is Central National Bank PO Box 268 Superior, NE 68978 -0268 <br />.......................... ............................... . <br />(E) "Note" means the promissory note signed by Borrower and dated 05:31..2001 .. . .. . . . . . . . .. . . ..................... . ......... . .. . The <br />Note states that Borrower owes Lender ........................................ ............................... <br />................... ............................... Dollars (U.S. $ 99 ,000.00......................) plus interest. Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than ............:.......0.0-.01-2021 .................... <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 />(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 />(I) "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 />(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 />Form 3028 1/01 <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT 11111111111111111111111111111111111 <br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 8/1712000 n y': <br />ref: 1/2001 (page I of 7 pages) I-7 , r J B 2 A 0 <br />M <br />T <br />rn <br />D <br />~ <br />C D <br />rn <br />x <br />=— <br />rni <br />N <br />r <br />�J <br />rn <br />z <br />o <br />O <br />o <br />1:C <br />cn <br />_, <br />y <br />C> <br />4ZD <br />ITJ <br />13 <br />M <br />x> w <br />o <br />- <br />rT1 <br />3 <br />r <br />C.1'1 <br />Cn <br />o <br />U <br />7c <br />W: <br />�+' <br />N <br />`-^ v <br />o <br />c► <br />cn <br />[Space <br />Above <br />This Line For Recording Data] <br />:a <br />DEED OF TRUST <br />DEFINITIONS— <br />`J <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 <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 .... ...................05.31.2001.. . . . . . . . . ................. . , together <br />with all Riders to this document. <br />(B) "Borrower" is Ted N...Schultz.and Sony?.4..Schultz, Husband and. Wife..... <br />................................. ............................... <br />................................. ............................... <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is . Heritage. Bank ........................... <br />Lender is a .W.119rAPP ............................................................ ............................... organized and existing under <br />the laws of . 0e, staXQ, Qf, Ne41ash4 ........... ............................... Lender's address is ,1.10 East,9th Street,.P,O. Box.487........ <br />Wood. Ri.verR NE„ 68883 ................................................................................................ ............................... . <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is Central National Bank PO Box 268 Superior, NE 68978 -0268 <br />.......................... ............................... . <br />(E) "Note" means the promissory note signed by Borrower and dated 05:31..2001 .. . .. . . . . . . . .. . . ..................... . ......... . .. . The <br />Note states that Borrower owes Lender ........................................ ............................... <br />................... ............................... Dollars (U.S. $ 99 ,000.00......................) plus interest. Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than ............:.......0.0-.01-2021 .................... <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 />(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 />(I) "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 />(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 />Form 3028 1/01 <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT 11111111111111111111111111111111111 <br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 8/1712000 n y': <br />ref: 1/2001 (page I of 7 pages) I-7 , r J B 2 A 0 <br />