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2 4"Mh 0 9 <br />06009066 <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 2 000 ...... . . . . . ...... . . ....... . . . . together <br />with all Riders to this document. <br />(B) "Borrower" is GREGORY R. GANNON and SHERRYL JEAN GANNON, HUSBAND AND WIFE <br />............................. <br />.......................................... I....................... <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 />... ....... .. <br />the United States of. America , Lender's address is 110 E , 9TH, Vd00D RIVER, ....... <br />..... ............ .. <br />................. <br />N............... E 68 8 83 ....... . .. . ... . . . . . . . . . . .......... ............................... Lender is the beneficiary under this Security Instrument. <br />. <br />(D) "Trustee" is HERITAGE .. BANK,..110 E 9TH STREET WOOD RIVER NE 68883 <br />......................... ............. ............................... . <br />(E) "Note" means the promissory note signed by Borrower and datedOctober 16, 2000... . The <br />........................... <br />Note states that Borrower owes Lender TWENTY. ONE. THOUSAND FIVE HUNDRED and NQ/100* <br />... ............................... <br />* * * * * * * * * * * * *.... Dollars (U.S. $ 21, 500, 00 .....) 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 October 15, 2003 <br />............................. <br />........................................................................................................................ ............................... . <br />( "Property" means the property that is described below under the headinj "Transfer of Rights in the Property." <br />(6) "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 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 ❑ Condo#rinium Rider ❑ Second Home Rider <br />ZX 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 />Q) "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 />(W "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 />O "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 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 />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 COUNTY ............................................................................... ............................... 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 .9957 S BURWICK ROAD <br />.................................................. ............................... <br />[Street] <br />WOOD RIVER ................. ..............................I Nebraska ....... 68883 - 0606..................... ( "Property Address "): <br />[City] [Zip Code] Form 3028 3/99 <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT 111111111111 IN 111111111111111111 <br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 2/17/2000 <br />ref: 7/2000 (page 1 of 7pages) J B 2 A 0 <br />C <br />Z <br />m <br />_ � <br />o <br />p <br />n cn <br />o --� <br />D-1 <br />p <br />a. <br />$ <br />C D <br />2 <br />N <br />fJf <br />M <br />--f-t <br />rn <br />p <br />N <br />M <br />c> <br />N <br />O q <br />p <br />C <br />rl :) <br />S <br />-rt <br />p <br />y <br />( <br />C7 <br />f rt <br />p <br />C <br />U <br />Z <br />3> Co <br />o <br />r z> <br />ca <br />co <br />Q cn <br />tV <br />p <br />rr <br />D <br />Cn <br />Z <br />N <br />(n <br />co <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 2 000 ...... . . . . . ...... . . ....... . . . . together <br />with all Riders to this document. <br />(B) "Borrower" is GREGORY R. GANNON and SHERRYL JEAN GANNON, HUSBAND AND WIFE <br />............................. <br />.......................................... I....................... <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 />... ....... .. <br />the United States of. America , Lender's address is 110 E , 9TH, Vd00D RIVER, ....... <br />..... ............ .. <br />................. <br />N............... E 68 8 83 ....... . .. . ... . . . . . . . . . . .......... ............................... Lender is the beneficiary under this Security Instrument. <br />. <br />(D) "Trustee" is HERITAGE .. BANK,..110 E 9TH STREET WOOD RIVER NE 68883 <br />......................... ............. ............................... . <br />(E) "Note" means the promissory note signed by Borrower and datedOctober 16, 2000... . The <br />........................... <br />Note states that Borrower owes Lender TWENTY. ONE. THOUSAND FIVE HUNDRED and NQ/100* <br />... ............................... <br />* * * * * * * * * * * * *.... Dollars (U.S. $ 21, 500, 00 .....) 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 October 15, 2003 <br />............................. <br />........................................................................................................................ ............................... . <br />( "Property" means the property that is described below under the headinj "Transfer of Rights in the Property." <br />(6) "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 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 ❑ Condo#rinium Rider ❑ Second Home Rider <br />ZX 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 />Q) "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 />(W "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 />O "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 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 />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 COUNTY ............................................................................... ............................... 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 .9957 S BURWICK ROAD <br />.................................................. ............................... <br />[Street] <br />WOOD RIVER ................. ..............................I Nebraska ....... 68883 - 0606..................... ( "Property Address "): <br />[City] [Zip Code] Form 3028 3/99 <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT 111111111111 IN 111111111111111111 <br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 2/17/2000 <br />ref: 7/2000 (page 1 of 7pages) J B 2 A 0 <br />