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0 <br />Z <br />`m <br />s � <br />G <br />DEFINITTONS <br />(Space Above This Line For Recording Data( <br />DEED OF TRUST <br />�5a,sc, <br />Words used in multiple sections ofthis document are defined below and other words are defined in Sections 3,11, 13,18, 20 <br />and 21. Certain rules regarding the usage ofwords used in (his document are also provided in Section 16. <br />(A) "Security Instrument' means this document, which is dated September 2nd 2004 ,togstherwith <br />all Riders to this document. <br />(B) 'Borrower" is Donald D Randolph and Jill M Randolph, husbentl antl wife <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is West Gate Bank . Lender <br />Leader's address is 61103 Uld Cheney Xa Lmcom, l'In onaaa <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" isFirst National Bank of Omaha 1620 Dodge St <br />(E) "Note" means the pi <br />states that Borrower owes <br />note signed by Bortower and dated _ September 2nd , 2004 . The Note <br />—Dollars (U.S.$54i50.00 ) plusinterest. Bonowerhasprommsed <br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 2034 <br />(F) "Properly" means the property that is described below under the heading "Transfer ofRighis in die Property." <br />(G) "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 />(ID "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are Lobe <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 />[jJ 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- nppealablejudiciai opinions. <br />(J) "Community Association Dues, Fees, and Assessment," means all dues, fees, assessments and other charges thatare <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 <br />similar paper instrument, which is initiated through an electronic terminal, telephonicinamentnf computer, ormagnetic tape <br />so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, butis not limited <br />to, p pint- of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and <br />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 <br />party (other than insurance proceeds paid wider the coverages described in Section 5) for (i) damage to, or destruction of, <br />the 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 />(0) ePerlodic Payment" means the regularly scheduled amount due for principal and interest under the Note, plus (ii) <br />any amounts under Section 3 of "a 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 my additional or successor legislation <br />NEnRASBA—Singlc Family Fannie MaeuTreddie Mac UNIFORM INSTRUMENT <br />W5i CV (8103) 3-103898 <br />3- 100898 9914107 <br />9 <br />O <br />2 <br />N <br />Form 3028 riot since I of8nases) <br />GGTIX�aaD9ca) <br />c <br />al <br />N <br />Z ca <br />200408903 <br />(Space Above This Line For Recording Data( <br />DEED OF TRUST <br />�5a,sc, <br />Words used in multiple sections ofthis document are defined below and other words are defined in Sections 3,11, 13,18, 20 <br />and 21. Certain rules regarding the usage ofwords used in (his document are also provided in Section 16. <br />(A) "Security Instrument' means this document, which is dated September 2nd 2004 ,togstherwith <br />all Riders to this document. <br />(B) 'Borrower" is Donald D Randolph and Jill M Randolph, husbentl antl wife <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is West Gate Bank . Lender <br />Leader's address is 61103 Uld Cheney Xa Lmcom, l'In onaaa <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" isFirst National Bank of Omaha 1620 Dodge St <br />(E) "Note" means the pi <br />states that Borrower owes <br />note signed by Bortower and dated _ September 2nd , 2004 . The Note <br />—Dollars (U.S.$54i50.00 ) plusinterest. Bonowerhasprommsed <br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 2034 <br />(F) "Properly" means the property that is described below under the heading "Transfer ofRighis in die Property." <br />(G) "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 />(ID "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are Lobe <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 />[jJ 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- nppealablejudiciai opinions. <br />(J) "Community Association Dues, Fees, and Assessment," means all dues, fees, assessments and other charges thatare <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 <br />similar paper instrument, which is initiated through an electronic terminal, telephonicinamentnf computer, ormagnetic tape <br />so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, butis not limited <br />to, p pint- of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and <br />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 <br />party (other than insurance proceeds paid wider the coverages described in Section 5) for (i) damage to, or destruction of, <br />the 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 />(0) ePerlodic Payment" means the regularly scheduled amount due for principal and interest under the Note, plus (ii) <br />any amounts under Section 3 of "a 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 my additional or successor legislation <br />NEnRASBA—Singlc Family Fannie MaeuTreddie Mac UNIFORM INSTRUMENT <br />W5i CV (8103) 3-103898 <br />3- 100898 9914107 <br />9 <br />O <br />2 <br />N <br />Form 3028 riot since I of8nases) <br />GGTIX�aaD9ca) <br />