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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 <br />