200411538
<br />(C) "Lender" is U.S. BANK N . A .
<br />Lender is a NATIONAL ASSOCIATION
<br />organized and existing under the laws ofTHE UNITED STATES OF AMERICA
<br />Lender's address is 4801 FREDERICA STREET, OWENSBORO, KY 42301
<br />(D) "Trustee" is MARK HUNZEKER
<br />(E) "MERS" is MortgageElectronicRegistrationSystems, Inc. MERSis a separatecorporationthatis acting
<br />solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this
<br />Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and
<br />telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS.
<br />(F) "Note" means the promissorynote signed by Borrower and dated DECEMBER 1, 2004
<br />The Note states that Borrower owes Lender SEVENTY FIVE THOUSAND AND N01100
<br />Dollars
<br />(U.S. $ 75, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
<br />Payments and to pay the debt in full not later thaBECEMBER 1, 2034
<br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the
<br />Property."
<br />(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
<br />due under the Note, and all sums due under this Security Instrument, plus interest.
<br />(I) "Riders" means all Riders to this Security Instrumentthat are executed by Borrower. The following
<br />Riders are to be executed by Borrower [check box as applicable]:
<br />® Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider
<br />0 Balloon Rider 0 Planned Unit Development Ride,O 1 -4 Family Rider
<br />0 VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify]
<br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
<br />ordinances and administrativerules and orders (that have the effect of law) as well as all applicable final,
<br />non - appealable judicial opinions.
<br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
<br />charges that are imposed on Borrower or the Property by a condominium association, homeowners
<br />association or similar organization.
<br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transactionoriginatedby check,
<br />draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
<br />computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
<br />account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine
<br />transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
<br />(M) "Escrow Items" means those items that are describedin Section 3.
<br />(N) "Miscellaneous Proceeds" means any compensation,settlement,award of damages, or proceedspaid by
<br />any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
<br />damage to, or destructionof, the Property; (ii) condemnationor other taking of all or any part of the Property;
<br />(iii) conveyance in lieu of condemnation;or (iv) misrepresentationsDf, or omissions as to, the value and /or
<br />condition of the Property.
<br />(0) "Mortgage Insurance" means insuranceprotectingLender against the nonpaymentof, or default on, the
<br />Loan.
<br />Inftials:
<br />(M 6A(NE) poos) Page 2 of 15 Form 3028 1/01
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