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M N 7C = After Recording Return To: HERITAGE BANK 110 E 9TH STREET WOOD RIVER, NEBRASKA 68883 Loan Number: 644171126 DEFINITIONS ;a Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ M = D 1 -4 Family Rider ❑ Biweekly Payment Rider C M CA C ' -n o o L1 _c> co ., -, i !y � m - 0 -... cri 200405676 °; 3 �v CD cn cn CD U) r-r Z Q [Space Above This Line For Recording Data] DEED OF TRUST Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JUNE 2, 2004 together with all Riders to this document. (B) 'Borrower" is DENNIS SMOLLEN AND KRIS SMOLLEN HUSBAND AND WIFE AS JOINT TENANTS Borrower is the trustor under this Security Instrument. (C) "Lender" is HERITAGE BANK Lender is a CORPORATION organized and existing under the laws of NEBRASKA Lender's address is 110 E 9TH STREET, WOOD RIVER, NEBRASKA 68883 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is Heritage Bank 110 E 9th Street Wood River NE 68883 (E) "Note" means the promissory note signed by Borrower and dated JUNE 2, 2004 The Note states that Borrower owes Lender SEVENTY-THREE THOUSAND AND 00/100 Dollars (U.S. $ 73 , 0 0 0. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 1, 2019 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] ❑ 1 -4 Family Rider ❑ Biweekly Payment Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT DocMagic 800-649-1362 Form 3028 1 /01 Page 1 of 11 www.docmagic.com n/r vk(_,