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200404781 <br />n <br />rn <br />n <br />D <br />N <br />After Recording Return To: <br />HERITAGE BANK <br />110 E 9TH STREET <br />WOOD RIVER, NEBRASKA 68883 <br />Loan Number: 631878097 <br />DEFINITIONS <br />7v <br />Adjustable Rate Rider <br />n <br />n <br />❑ <br />Balloon Rider <br />❑ <br />D <br />T n <br />C <br />1 -4 Family Rider <br />M <br />CA <br />® D <br />N <br />= <br />0 <br />:Z=3 <br />R <br />o <br />N <br />O <br />C]., <br />q� <br />V <br />[Space Above This Line For Recording Data] <br />DEED OF TRUST <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, <br />13, 18, 20 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 MAY 3, 2004 <br />with all Riders to this document. <br />, together <br />(B) 'Borrower" is JEFFREY HEATER AND TINA HEATER HUSBAND AND WIFE AS <br />JOINT TENANTS <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is HERITAGE BANK <br />Lender is a CORPORATION organized <br />and existing under the laws of NEBRASKA <br />Lender's address is 110 E 9TH STREET, WOOD RIVER, NEBRASKA 68883 <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is Heritage Bank 110 E 9th Street Wood River NE 68883 <br />(E) "Note" means the promissory note signed by Borrower and dated MAY 3, 2004 <br />The Note states that Borrower owes Lender SIXTY-FOUR THOUSAND AND 00/100 <br />Dollars (U.S. $ 64, 000 . 0 0 ) <br />plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later <br />than MAY 1, 2019 <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 <br />the Note, 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 <br />to be executed by Borrower [check box as applicable]: <br />❑ <br />Adjustable Rate Rider <br />❑ <br />Condominium Rider ❑ Second Home Rider <br />❑ <br />Balloon Rider <br />❑ <br />C> Cn <br />❑ <br />1 -4 Family Rider <br />❑ <br />Biweekly Payment Rider <br />® D <br />N <br />= <br />a <br />:Z=3 <br />—+ M <br />o <br />O <br />C]., <br />0 <br />F- <br />D <br />� <br />U' <br />D <br />0 <br />pp <br />cn <br />CD <br />v7 <br />Z <br />O <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, <br />13, 18, 20 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 MAY 3, 2004 <br />with all Riders to this document. <br />, together <br />(B) 'Borrower" is JEFFREY HEATER AND TINA HEATER HUSBAND AND WIFE AS <br />JOINT TENANTS <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is HERITAGE BANK <br />Lender is a CORPORATION organized <br />and existing under the laws of NEBRASKA <br />Lender's address is 110 E 9TH STREET, WOOD RIVER, NEBRASKA 68883 <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is Heritage Bank 110 E 9th Street Wood River NE 68883 <br />(E) "Note" means the promissory note signed by Borrower and dated MAY 3, 2004 <br />The Note states that Borrower owes Lender SIXTY-FOUR THOUSAND AND 00/100 <br />Dollars (U.S. $ 64, 000 . 0 0 ) <br />plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later <br />than MAY 1, 2019 <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 <br />the Note, 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 <br />to be executed by Borrower [check box as applicable]: <br />❑ <br />Adjustable Rate Rider <br />❑ <br />Condominium Rider ❑ Second Home Rider <br />❑ <br />Balloon Rider <br />❑ <br />Planned Unit Development Rider ❑ Other(s) [specify] <br />❑ <br />1 -4 Family Rider <br />❑ <br />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 <br />opinions. <br />(.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges <br />that are imposed on Borrower or the Property by a condominium association, homeowners association or similar <br />organization. <br />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, <br />or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or <br />magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term <br />includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by <br />telephone, wire transfers, and automated clearinghouse transfers. <br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT <br />Form 3028 1 /01 Page 1 of 11 <br />il 1'��4 <br />N6028.dot. Ltem <br />Qoc),Jagice,-19;9� 800 - 649 -1362 <br />www.docmagic.com <br />00 <br />