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<br />[Space Above This Line For Recording Data]
<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,
<br />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 />°
<br />(A) "Security Instrument" means this document, which is dated July 25 , 2 0 00 ...... . . . . . .......................
<br />. together
<br />n
<br />with all Riders to this document.
<br />(B) 'Borrower" is BENJAMIN Q_ MINJAREZ and MARIA MINJAREZ,.. AS HUSBAND, AND WIFE
<br />...........................
<br />................................... ...............................
<br />Borrower is the trustor under this Security Instrument.
<br />(C) "Lender" is HERITAGE BAN ...... ...............................K ........................ ............................... Lender is a
<br />............
<br />........................................................................ ............................... organized and existing under the laws of
<br />the..state , of Nebraska ... . . ... . . ............................... Lender's address
<br />............
<br />ISLAND, N .... E 688. . 02 ............................. 0 Lender is the beneficiary under this Security Instrument.
<br />... 2
<br />(D) "Trustee" is HERITAGE BANK,..P . O ,..BOX.5138.�..GRAND..ISLAND.NE 68802 ........ ............................... .
<br />(E) "Note" means the promissory note signed by Borrower and dated .July 25 , 2 000, , , , , , , , , , , , , , , , , The
<br />....................
<br />Note states that Borrower owes Lender THIRTY THOUSAND FIVE HUNDRED THIRTY TWO. and. 96100 *..* * *
<br />........
<br />. ... Dollars (U.S. $ .3Q, 532, 96 .................) plus 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 25, 2005 ............................
<br />........................................................................................................................ ............................... .
<br />(F) " Property" means the property that is described below under the heading "Transfer of Rights in the Property."
<br />"Loan" 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 />(IT) "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 />Z9 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 />(,n "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 o , the
<br />Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or
<br />(iv) 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 nstrument.
<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
<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 />............................................................. ...............................
<br />[Name of Recording Jurisdiction]
<br />See exhibit 'A' attached hereto and made a part hereof.
<br />which currently has the address of .156 E AIRPORT RD
<br />[Street]
<br />GRAND ISLAND .............. ............................... Nebraska ....... 68803 .............................. („Property Address "):
<br />[City] [Zip Code] Form 3028 3/99
<br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT 1101111 IIIIIIIIIIIIIIIIIIIIIIIIIII
<br />Bankers Systems, Inc., St. Cloud, M M1
<br />N Form D --NE 2/17/2000
<br />ref: 7/2000 (page I of 7pages) J B 2 A 0
<br />
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