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WHEN RECORDED, MAIL TO <br />Nebraska National Bank <br />3110 2nd Avenue, PO Box 397 <br />Kearney, NEBRASKA 68848 <br />This Instrument was prepared by: <br />Nebraska National Bank <br />3110 2nd Avenue, PO Box 397 <br />Kearney, NEBRASKA 68848 <br />308 - 237 -7711 <br />Loan Number: 24632 <br />Order Number: (Space Above This Line For Recording Data) <br />DEED OF TRUST <br />DEFINITIONS <br />C -: <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 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 November 26, 2004, together with all Riders to this document. <br />(B) "Borrower" is Brian P. Schardt and Libby D. Schardt, husband and wife . Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is Nebraska National Bank, organized and existing under the laws of the United States of America. <br />Lender's address is 3110 2nd Avenue, PO Box 397, Kearney, NEBRASKA 68848. Lender is the beneficiary under this Security <br />Instrument. <br />(D) "Trustee" is Central National Bank. <br />Trustee's address is PO Box 268, Superior, Nuckolls County NEBRASKA 68978. <br />(E) "Note" means the promissory note signed by Borrower and dated November 26, 2004. The Note states that Borrower owes Lender <br />TWO HUNDRED SIXTEEN THOUSAND and no /100 Dollars (U.S. $216,000.00) plus interest. Borrower has promised to pay this debt <br />in regular Periodic Payments and to pay the debt in full not later than December 1, 2011. <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 the Note, and all sums <br />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 />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />® Balloon Rider ® Planned Unit Development Rider ❑ VA Rider <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />❑ Other (Specify) - <br />(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and <br />orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. <br />(.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on <br />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, instruct, or <br />authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated <br />teller machine transactions, transfers initiated by telephone, wire transfers, and 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 party (other than <br />insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or <br />other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the <br />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) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts <br />under Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation, Regulation X <br />(24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the <br />same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a <br />"federally related mortgage loan" even if the Loan does not qualify as a "federally related 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 assumed <br />Borrower's obligations under the Note and /or this Security Instrument. <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />NEBRASKA - Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT <br />Page 1 of 7 <br />IDS, Inc. - (800) 554-1872 <br />form 3028 11//011 <br />%p Borrower(s) Initials % � <br />rn <br />M <br />rn <br />_ <br />s <br />o —a <br />o <br />b <br />i'V <br />ri <br />(�pp <br />tZ. <br />n>D <br />o -n <br />o <br />J\ <br />r" <br />M <br />rzu <br />rte— <br />U <br />D <br />� <br />� <br />cn <br />Z <br />Loan Number: 24632 <br />Order Number: (Space Above This Line For Recording Data) <br />DEED OF TRUST <br />DEFINITIONS <br />C -: <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 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 November 26, 2004, together with all Riders to this document. <br />(B) "Borrower" is Brian P. Schardt and Libby D. Schardt, husband and wife . Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is Nebraska National Bank, organized and existing under the laws of the United States of America. <br />Lender's address is 3110 2nd Avenue, PO Box 397, Kearney, NEBRASKA 68848. Lender is the beneficiary under this Security <br />Instrument. <br />(D) "Trustee" is Central National Bank. <br />Trustee's address is PO Box 268, Superior, Nuckolls County NEBRASKA 68978. <br />(E) "Note" means the promissory note signed by Borrower and dated November 26, 2004. The Note states that Borrower owes Lender <br />TWO HUNDRED SIXTEEN THOUSAND and no /100 Dollars (U.S. $216,000.00) plus interest. Borrower has promised to pay this debt <br />in regular Periodic Payments and to pay the debt in full not later than December 1, 2011. <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 the Note, and all sums <br />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 />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />® Balloon Rider ® Planned Unit Development Rider ❑ VA Rider <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />❑ Other (Specify) - <br />(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and <br />orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. <br />(.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on <br />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, instruct, or <br />authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated <br />teller machine transactions, transfers initiated by telephone, wire transfers, and 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 party (other than <br />insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or <br />other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the <br />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) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts <br />under Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation, Regulation X <br />(24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the <br />same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a <br />"federally related mortgage loan" even if the Loan does not qualify as a "federally related 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 assumed <br />Borrower's obligations under the Note and /or this Security Instrument. <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />NEBRASKA - Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT <br />Page 1 of 7 <br />IDS, Inc. - (800) 554-1872 <br />form 3028 11//011 <br />%p Borrower(s) Initials % � <br />