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M = A <br />n M C") <br />Z <br />n � <br />M A <br />�i <br />t� <br />After Recording Return To: <br />HAMILTON MORTGAGE COMPANY <br />2700 NORTH CENTRAL AVENUE, SUITE 1500 <br />PHOENIX, ARIZONA 85004 <br />Loan Number: 00004 -23066 <br />[Space Above This Line For Recording Data] <br />DEED OF TRUST <br />MIN: 1001993- 0000423066 -3 <br />a <br />DEFINITIONS <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, <br />13, 18, 20 and 21. 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 DECEMBER 16, 2004 together <br />with all Riders to this document. <br />(B) "Borrower" is DAVID A. DALTON AND TERESA D. DALTON, HUSBAND AND <br />WIFE AS JOINT TENANTS <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is HAMILTON MORTGAGE COMPANY <br />Lender is a ARIZONA CORPORATION organized <br />and existing under the laws of ARIZONA <br />Lender's address is 2700 NORTH CENTRAL AVENUE, SUITE 1500, PHOENIX, <br />ARIZONA 85004 <br />(D) "Trustee" is , FIRST AMERICAN TITLE INSURANCE COMPANY <br />123 NORTH LOCUST, GRAND ISLAND, NEBRASKA 68801 <br />(E) "MFRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting <br />solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security <br />Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number <br />of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated DECEMBER 16, 2 0 04 <br />The Note states that Borrower owes Lender ONE HUNDRED FOUR THOUSAND AND 0 0 / 10 0 <br />Dollars (U.S. $ 104, 0 0 0 . 0 0 ) plus interest. <br />Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than <br />JANUARY 1, 2035 <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " <br />(1) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under <br />the Note, and all sums due under this Security Instrument, plus interest. <br />(n "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are <br />to be executed by Borrower [check box as applicable]: <br />❑ <br />Adjustable Rate Rider <br />U' <br />o <br />m <br />❑ <br />Balloon Rider <br />o <br />Planned Unit Development Rider <br />® Other(s) [specify] <br />�r <br />1 -4 Family Rider <br />C D <br />N <br />PREPAYMENT RIDER TO <br />SECURITY INST <br />fps <br />---A M <br />o <br />r„ <br />C-) . , — <br />N <br />n -,i <br />O <br />C1 <br />C) <br />N <br />-n -- <br />N <br />CID <br />D <br />co <br />D <br />03 <br />Cn <br />Cl) <br />Z <br />n <br />MIN: 1001993- 0000423066 -3 <br />a <br />DEFINITIONS <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, <br />13, 18, 20 and 21. 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 DECEMBER 16, 2004 together <br />with all Riders to this document. <br />(B) "Borrower" is DAVID A. DALTON AND TERESA D. DALTON, HUSBAND AND <br />WIFE AS JOINT TENANTS <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is HAMILTON MORTGAGE COMPANY <br />Lender is a ARIZONA CORPORATION organized <br />and existing under the laws of ARIZONA <br />Lender's address is 2700 NORTH CENTRAL AVENUE, SUITE 1500, PHOENIX, <br />ARIZONA 85004 <br />(D) "Trustee" is , FIRST AMERICAN TITLE INSURANCE COMPANY <br />123 NORTH LOCUST, GRAND ISLAND, NEBRASKA 68801 <br />(E) "MFRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting <br />solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security <br />Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number <br />of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated DECEMBER 16, 2 0 04 <br />The Note states that Borrower owes Lender ONE HUNDRED FOUR THOUSAND AND 0 0 / 10 0 <br />Dollars (U.S. $ 104, 0 0 0 . 0 0 ) plus interest. <br />Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than <br />JANUARY 1, 2035 <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " <br />(1) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under <br />the Note, and all sums due under this Security Instrument, plus interest. <br />(n "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are <br />to be executed by Borrower [check box as applicable]: <br />❑ <br />Adjustable Rate Rider <br />❑ <br />Condominium Rider <br />❑ Second Home Rider <br />❑ <br />Balloon Rider <br />❑ <br />Planned Unit Development Rider <br />® Other(s) [specify] <br />❑ <br />1 -4 Family Rider <br />❑ <br />Biweekly Payment Rider <br />PREPAYMENT RIDER TO <br />SECURITY INST <br />(.n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and <br />administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial <br />opinions. <br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT - MERS DocMagk4PF axQiz 800- 649 -1362 <br />Form 3028 1/01 Page 1 of 10 www.docma.qic.com <br />Ne3028..d.l.. 0 <br />