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[Space Above This Line For Recording Data] <br />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, <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 SEPTEMBER 24, 2 0 0 4 , together <br />with all Riders to this document. <br />(B) "Borrower" is KEVIN D. ASHER AND JACQUELINE C. ASHER, AS JOINT <br />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 BANKFIRST 1371 26TH AVENUE 'COLUMBUS NE 68601 <br />5} <br />(E) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 24, 2004 <br />The Note states that Borrower owes Lender ONE HUNDRED TWENTY -FIVE THOUSAND AND <br />00 /100 Dollars (U.S. $ 125, 000 . 00 ) <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 OCTOBER 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 <br />the Note, and all sums due under this Security Instrument, plus interest. <br />(I) "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 />M <br />= <br />D <br />Balloon Rider <br />❑ <br />Planned Unit Development Rider ❑ Other(s) [specify] <br />fT1 <br />1 -4 Family Rider <br />❑ <br />Biweekly Payment Rider <br />Z <br />Z <br />X,n <br />D • <br />_0 <br />CL <br />O <br />CA <br />= <br />tv <br />C T <br />co <br />r <br />• <br />C _ <br />'n <br />- 1 11 <br />CD <br />Ret Env. <br />r,i <br />c =, <br />� <br />� <br />�J <br />cj7 <br />co <br />CD <br />CD <br />After Recording Return To: <br />w <br />C, <br />co Z <br />HERITAGE BANK <br />W <br />C <br />110 E 9TH STREET <br />200409468 <br />WOOD RIVER, NEBRASKA <br />68883 <br />Loan Number: 77119 <br />[Space Above This Line For Recording Data] <br />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, <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 SEPTEMBER 24, 2 0 0 4 , together <br />with all Riders to this document. <br />(B) "Borrower" is KEVIN D. ASHER AND JACQUELINE C. ASHER, AS JOINT <br />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 BANKFIRST 1371 26TH AVENUE 'COLUMBUS NE 68601 <br />5} <br />(E) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 24, 2004 <br />The Note states that Borrower owes Lender ONE HUNDRED TWENTY -FIVE THOUSAND AND <br />00 /100 Dollars (U.S. $ 125, 000 . 00 ) <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 OCTOBER 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 <br />the Note, and all sums due under this Security Instrument, plus interest. <br />(I) "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 />Borrower Initials: <br />NEBRASKA -- Single Family -- Fannie <br />Form 3028 1/01 <br />Ne3o28.dot.l.tem <br />Mac UNIFORM INSTRUMENT DocMagk 800 -643 -1362 <br />Page 1 of 11 www.docm8gic.com <br />