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irr <br />WHEN RECORDED MAIL TO: <br />CORNERSTONE BANK N.A. <br />Main Bank Facility <br />529 Lincoln Avenue <br />P.O. Box 69 <br />York, NE 68467 <br />�v <br />UregcA �. <br />C <br />Z <br />M D <br />N <br />7u <br />CID <br />T <br />M <br />rn p <br />[Space Above This Line For Recording Data] <br />o C? En <br />s a <br />c_ c D <br />M <br />O <br />N <br />O <br />O -*1 <br />s ri <br />D c� <br />r- D <br />cn <br />D <br />v ti <br />Cn <br />O <br />N <br />OC <br />O <br />S <br />O =3 <br />C77 N <br />Cn 9 <br />Co CD <br />0 P <br />Z <br />O <br />PURCHASE MONEY 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 and 21. (7 <br />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 July 2, 2004, together with all Riders to this document. <br />(B) "Borrower" is Katie R. Comer and Toby L. Comer; Wife and Husband. Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is CORNERSTONE BANK N.A. Lender is a Corporation organized and existing under the laws of Nebraska. Lender's address <br />is Main Bank Facility, 529 Lincoln Avenue, P.O. Box 69, York, NE 68467. Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is TIERONE BANK. <br />(E) "Note" means the promissory note signed by Borrower and dated July 2, 2004. The Note states that Borrower owes Lender Two <br />Hundred Sixty -four Thousand & 00/100 Dollars (U.S. $264,000.00) plus interest. Borrower has promised to pay this debt in regular <br />Periodic Payments and to pay the debt in full not later than August 1, 2034. <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, and all <br />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 executed by <br />Borrower [check box as applicable]: <br />F] Adjustable Rate Rider Condominium Rider Second Home Rider <br />Balloon Rider Planned Unit Development Rider Other(s) [specify] _ <br />1 -4 Family Rider F1 Biweekly Payment Rider <br />(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and <br />orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. <br />(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on <br />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 paper <br />instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or <br />authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated <br />teller machine transactions, transfers initiated by telephone, wire transfers, and automated 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 (other than <br />insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or <br />other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the <br />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 amounts <br />under Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 at seq.) and its implementing regulation, Regulation X <br />(24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs <br />the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in <br />regard to a "federally related mortgage loan" even if the Loan does not qualify as a "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 assumed <br />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 the Note; and <br />(ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower <br />irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Hall: <br />Real Property tax identification number is 400158515. <br />Lot Fifty Three (53), in LeHeights Fourth Subdivision, in Hall County, Nebraska <br />which currently has the address of 2126 Viking Place, Grand Island, Nebraska 68803 ( "Property Address "): <br />(All or part of the purchase price of the Property is paid for with the money loaned). <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now <br />or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is <br />referred to in this Security Instrument as the "Property." <br />NEBRASKA - Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 1 of 6 <br />