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P <br />'l <br />DEED OF TRUST <br />DEFINITIONS <br />Words used in multiple sections of this document are defined below and other words are defined in Seellons 3, 11, 13, 18, 20 and 21. <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 N 0 V E M B E R 4 2 0 0 4 together with all Riders to this <br />document. <br />IFE AND HUS BANG <br />(B) "Borrower" is <br />HEATHER J. HDL KMAN AND BRENT A. Ho CKMAN. AS W <br />orcowor Ls a tru or un er Is ecunty nsirumen <br />._. ... n, "T.c vni I Fv <TATF RANK A TRUST CD Lender is <br />N F R R A S K A en e s a rasa is en er Is t B ene c ary un er <br />this Security Instrument. <br />(D) "Trustee "is FIRST NAT T O NAL BANK OF OMAHA <br />OOfF STR ET CTOP 6 80 OMAHA NF 68197 -6300 <br />T) "Note" means the promissory note signed <br />mower owes Lender 1. <br />The Note states that <br />orrower as proms o pay t Is a In regu ar eno c aymams and to pay the debt in full not later than <br />DECEMBER 1 rg <br />(F) "Properly" means the property that is described below under the heading "Transfer of Rights in the Property." <br />(0) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and <br />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 to be executed by <br />Borrower (check box as applicable]: <br />CAElustable Rate Rider ❑Condominium Rider USecond Home Rider <br />❑Balloon Rider ❑ Planned Unit Development Rider ❑Other(a)[apecify] <br />❑1 -4 Family Rider U Biwookly Payment Rider <br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative <br />rules antl 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 <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 similar paper <br />instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, <br />instruct, or authorize a financial institution to debit or credit an account. Such tans includes, but is not limited to, paint -of -sale <br />transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />transfers. <br />(L) "Escrow Items" means those items that are described In Section S. <br />M "Miscellaneous Proceeds" means any wmpensation, settlement, award of damages, or proceeds paid by any third party <br />�over than Insurance proceeds paid under the coverages described In Section 6) for: (i) damage to, or destruction of, the Property; <br />ii)) condemnation or other taking of all or any Pad of the Property; (ill) conveyance in lieu of condemnation; or (IV) misrepresentations <br />o(, or omissions as to, the value and /or condRlon of the Properly. <br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment oi, or default on, the Loan. <br />(0) "Periodic Paymeet" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any <br />amounts under Section 3 of this Security Instrument. <br />(p) "RESPA" means the Real Estate Selliemenl Procedures Act (12 U.S C. § 2601 el seq.) and ds implementing regulation, <br />Regulation % (24 C.F.R. Part 3500), as they might bo amended from time to time, or any adtlltlonal or successor legisla n <br />regulallon that governs the same sublect matlar. As used in this Security Instrument, "RESPA" refers 10 all requirem <br />ents nt. and <br />residdions that arc Imposed in regard to a'Yederally related morlgege Icon" oven if the Lcan dons not quality as a "federally related <br />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 <br />assumed Borrower's obligations under the Note ancifor this Security Instrument. <br />AFTER RECORDING RETURN TO: <br />PLATTE VALLEY STATE BANK A TRUST CO <br />MORTGAGE LOAN OE PA R T ME NT <br />2223 SECOND AVE <br />K EA RN EY, NE 68847 <br />NEBPABKA-9UpbF IN- Fennle MaYF 1"Mw UNIFORMINSTRUMENT Porm 302E L01 (me" t N 7 4, <br />3028 NE DOT IMI POI <br />fir/ '` <br />mTl <br />� n L7 <br />n <br />t <br />✓.:��., <br />� <br />an <br />n <br />an <br />n <br />S <br />o� <br />T <br />O <br />T <br />7nC <br />z <br />S <br />vl O <br />L' <br />T <br />/ T <br />(- <br />ti <br />Go <br />200410984 <br />vn <br />m <br />S <br />rn <br />s <br />N <br />Z <br />G <br />rSpace Above This Line For Recording Date <br />DEED OF TRUST <br />DEFINITIONS <br />Words used in multiple sections of this document are defined below and other words are defined in Seellons 3, 11, 13, 18, 20 and 21. <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 N 0 V E M B E R 4 2 0 0 4 together with all Riders to this <br />document. <br />IFE AND HUS BANG <br />(B) "Borrower" is <br />HEATHER J. HDL KMAN AND BRENT A. Ho CKMAN. AS W <br />orcowor Ls a tru or un er Is ecunty nsirumen <br />._. ... n, "T.c vni I Fv <TATF RANK A TRUST CD Lender is <br />N F R R A S K A en e s a rasa is en er Is t B ene c ary un er <br />this Security Instrument. <br />(D) "Trustee "is FIRST NAT T O NAL BANK OF OMAHA <br />OOfF STR ET CTOP 6 80 OMAHA NF 68197 -6300 <br />T) "Note" means the promissory note signed <br />mower owes Lender 1. <br />The Note states that <br />orrower as proms o pay t Is a In regu ar eno c aymams and to pay the debt in full not later than <br />DECEMBER 1 rg <br />(F) "Properly" means the property that is described below under the heading "Transfer of Rights in the Property." <br />(0) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and <br />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 to be executed by <br />Borrower (check box as applicable]: <br />CAElustable Rate Rider ❑Condominium Rider USecond Home Rider <br />❑Balloon Rider ❑ Planned Unit Development Rider ❑Other(a)[apecify] <br />❑1 -4 Family Rider U Biwookly Payment Rider <br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative <br />rules antl 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 <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 similar paper <br />instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, <br />instruct, or authorize a financial institution to debit or credit an account. Such tans includes, but is not limited to, paint -of -sale <br />transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />transfers. <br />(L) "Escrow Items" means those items that are described In Section S. <br />M "Miscellaneous Proceeds" means any wmpensation, settlement, award of damages, or proceeds paid by any third party <br />�over than Insurance proceeds paid under the coverages described In Section 6) for: (i) damage to, or destruction of, the Property; <br />ii)) condemnation or other taking of all or any Pad of the Property; (ill) conveyance in lieu of condemnation; or (IV) misrepresentations <br />o(, or omissions as to, the value and /or condRlon of the Properly. <br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment oi, or default on, the Loan. <br />(0) "Periodic Paymeet" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any <br />amounts under Section 3 of this Security Instrument. <br />(p) "RESPA" means the Real Estate Selliemenl Procedures Act (12 U.S C. § 2601 el seq.) and ds implementing regulation, <br />Regulation % (24 C.F.R. Part 3500), as they might bo amended from time to time, or any adtlltlonal or successor legisla n <br />regulallon that governs the same sublect matlar. As used in this Security Instrument, "RESPA" refers 10 all requirem <br />ents nt. and <br />residdions that arc Imposed in regard to a'Yederally related morlgege Icon" oven if the Lcan dons not quality as a "federally related <br />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 <br />assumed Borrower's obligations under the Note ancifor this Security Instrument. <br />AFTER RECORDING RETURN TO: <br />PLATTE VALLEY STATE BANK A TRUST CO <br />MORTGAGE LOAN OE PA R T ME NT <br />2223 SECOND AVE <br />K EA RN EY, NE 68847 <br />NEBPABKA-9UpbF IN- Fennle MaYF 1"Mw UNIFORMINSTRUMENT Porm 302E L01 (me" t N 7 4, <br />3028 NE DOT IMI POI <br />