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M <br />n z <br />NA Ck° <br />�i c n cca. <br />C = rn �1 —1 �� O d <br />c7 O N <br />CD <br />r1 f '+ 1 CD N_ <br />N , �,. CD C <br />M n s D cp <br />r- �o <br />r t— D Cr3 ca <br />ca <br />Q N O <br />D <br />966009066 <br />�. N N Q7 <br />(n <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, 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 October 16 , 2 00 0 . .... . ....... . . . . .. . . . ....... . together <br />with all Riders to this document. <br />(B) "Borrower" is R ...GAI\TON and SHERRYL JEAN GANNON, ..HUSBAND AND WIFE <br />... ............................... ............................. <br />................................... ............................... <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is HERITAGE.. BANK ............................................................. ............................... Lender is a <br />HUSBAND AND WIFE organized and existing under the laws of <br />the United. States of America Lender's address is 110 E, 9TH, WOOD RIVER <br />.................. ............................... <br />NE 68883 ....... . ... . . . ... ............................... Lender is the beneficiary under this Security Instrument. <br />.. ............................... <br />(D) "Trustee" is HERITAGE BANK,..110 E 9TH STR= WOOD RIVER NE 68883 <br />........................................................ ............................... . <br />(E) "Note" means the promissory note signed by Borrower and dated .00tober .16,...2.0 0 0 . . .. . . ...... . . . . . . .. .... , The <br />Note states that Borrower owes Lender .z�TY.ONE THOUSAND FIVE HUNDRED and NO /100 *, <br />* * * * * * .. * .. * * * ... Dollars (U.S. $ .21, 500. 00 <br />........ ............................... ... . . , , , , ,, , ,,, , , , , , , , ) plus interest. Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than October 15, 2003 <br />............................. <br />........................................................................................................................ ............................... . <br />((FF'')) "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 />(I) "Riders" means all riders to this Securit 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 />ZZ 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 />im osed on Borrower or the Property by a condominium association, homeowners association or similar organization. <br />(e "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 <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 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 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 />.HALL ........................................................ ..............................: <br />[Name of Recording Jurisdiction] <br />See exhibit 'A' attached hereto and Trade a part hereof. <br />which currently has the address of .9957..5. BURWICK ROAD,, , ,,, , , , , , , , ,, , <br />. ............................ ............................... <br />[Street] <br />WOOD RIVER Nebraska ...... .68883 - 0606 .................... ( "Property Address "): <br />............................. ............................... <br />[City] (Zip Code] Form 3028 3/99 <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT 1Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 2/17/2000 <br />ref: 7 /2000 (page I of7pages) J B 2 A 0 <br />