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200412085 <br />(C) "Lender" is WELLS FARGO BANK, N.A. <br />Lender is a NATIONAL ASSOCIATION <br />organized and existing under the laws of THE UNITED STATES <br />Lender's address is P.O. BOX 10304, DES MOINES, IA 503060304 <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is JOHN S. KATELMAN, ESQ. <br />10855 WEST DODGE RD, SUITE 240, OMAHA, NE 68145 <br />(E) "Note" means the promissory note signed by Borrower and dated DECEMBER 10, 2004 <br />The Note states that Borrower owes Lender EIGHTY THREE THOUSAND SIX HUNDRED SIXTY AND <br />00 /100 Dollars <br />(U.S. $ *****83, 6 6 0.0 0 ) plus interest. Borrower has promised to pay this debt in regular Periodic <br />Payments and to pay the debt in full not later than JANUARY 01, 2 0 2 0 <br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the <br />Property. " <br />(G) "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 />(II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following <br />Riders are to be executed by Borrower [check box as applicable] : <br />0 Adjustable Rate Rider Condominium Rider 0 Second Home Rider <br />0 Balloon Rider 0 Planned Unit Development Rider 0 1 -4 Family Rider <br />0 VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify] <br />(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, <br />ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, <br />non - appealable judicial opinions. <br />Q) "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 />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by <br />check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic <br />instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit <br />or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller <br />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 3. <br />(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid <br />by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) <br />damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the <br />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, <br />the Loan. <br />M ®6(NE) (0005) <br />Initials 6&-3\ . . <br />Page 2 of 16 Form 3028 1 /01 <br />