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.......................................................................................................................... ............................... . <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is CENTRAL NATIONAL BANK P.O. BOX 268 SUPERIOR; NE 68978;0268 <br />.................................. ............................... . <br />(E) "Note" means the promissory note signed by Borrower and dated 11- -1 A- 2001 ... . . .... . . . . . . . .. . . . . . . . . . ................... . . ..... The <br />Note states that Borrower owes Lender NINETY. NINE. THQU5ANRAND. N9I. 10 ........................................ ............................... <br />................... ............................... Dollars (U.S. $ Q00;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 ..................... 1 2-Q1:2.QQ6..................... <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 />(.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 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 />(1) "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 1 of 7 pages) <br />111111111111111111111111 <br />M = y <br />rn to <br />n n n = <br />rn <br />M V) f? � <br />o � <br />o co <br />3= <br />c n <br />Z <br />N rn <br />o <br />C <br />-< m <br />Ex. <br />C:) <br />r <br />M <br />o <br />65 <br />CD csr N <br />O 'tt <br />O <br />t;}1 o T.c_ <br />= M <br />rra <br />M <br />a <br />r D <br />U) N <br />;K <br />N co <br />_ <br />CD <br />W C <br />200112223 <br />[Space Above This Line For Recording Data] <br />DEED OF TRUST <br />DEFINITIONS <br />CT\ <br />Words used in multiple sections of this document are defined below and other words are defined in <br />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 ........................11 ;16.2001..... , _ . <br />, . , ... , , , , , , . , ....... , <br />together <br />with all Riders to this document. <br />(B) "Borrower" is KENIIIETHVIj ..$FIULTZAND,NAIVCYL;S1IULTZ,, HUSBAND, AI110WIFE.---,---„---.-,---„-,-,-,• ......... <br />............................... <br />.......................................................................................................................... ............................... <br />Borrower is the trustor under this Security Instrument. <br />. <br />(C) "Lender" is BANK OF DONIPHAN ................................................................................. <br />............................... <br />. <br />Lender is a MRPQRATION ........................................................... ............................... organized and existing under <br />the laws of .THE STATE QF. NJEQ8A5KA ........................... . ....... . .... . Lender's address is . P Q. 60X,270, <br />D01111PHAN, IVE, 68$Q2 0270.... , , <br />.......................................................................................................................... ............................... . <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is CENTRAL NATIONAL BANK P.O. BOX 268 SUPERIOR; NE 68978;0268 <br />.................................. ............................... . <br />(E) "Note" means the promissory note signed by Borrower and dated 11- -1 A- 2001 ... . . .... . . . . . . . .. . . . . . . . . . ................... . . ..... The <br />Note states that Borrower owes Lender NINETY. NINE. THQU5ANRAND. N9I. 10 ........................................ ............................... <br />................... ............................... Dollars (U.S. $ Q00;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 ..................... 1 2-Q1:2.QQ6..................... <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 />(.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 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 />(1) "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 1 of 7 pages) <br />111111111111111111111111 <br />