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DEFINITIONS <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. Certain <br />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 April 11, 2003, together with all Riders to this document. <br />(B) "Borrower" is Michael D. Kemling and Susan A. Kemling; Husband and Wife. Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is Cornerstone Bank N.A. Lender is a Corporation organized and existing under the laws of Nebraska. Lender's address is Aurora <br />Facility, 1205 11th Street, P.O. Box 386, Aurora, NE 68818. Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is CENTRAL NATIONAL BANK . <br />(E) "Note" means the promissory note signed by Borrower and dated April 11, 2003. The Note states that Borrower owes Lender Eighty -seven <br />Thousand & 00/100 Dollars (U.S. $87,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the <br />debt in full not later than May 1, 2018. <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 Borrower <br />[check box as applicable]: <br />Adjustable Rate Rider Condominium Rider Second Home Rider <br />aBalloon Rider Planned Unit Development Rider Other(s) [specify] <br />1 -4 Family Rider Biweekly Payment Rider <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 />(J) "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 instrument, <br />which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial <br />institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, <br />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 other <br />taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and /or <br />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 under <br />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 (24 <br />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 same <br />subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally <br />related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. <br />(0) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's <br />obligations under the Note and /or this Security Instrument. <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />This Security Instrument secures to Lender; (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the <br />performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants <br />and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Hall: <br />Real Property tax identification number is 400051249. <br />Lot 5, Block 6, Kay Dee Subdivision, City of Grand Island, Hall County, Nebraska <br />which currently has the address of 1816 Roberta Avenue, Grand Island, Nebraska 68803 ( "Property Address "): <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or <br />hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred <br />to in this Security Instrument as the "Property." <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property <br />NEBRASKA - Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 30281/01 <br />Page 1 of 6 <br />S <br />Cl> � <br />m <br />w <br />C> <br />c <br />N <br />C <br />7 ' <br />C <br />n <br />Z <br />'`t <br />c �' <br />-` o <br />CDO, <br />N <br />o <br />CJ'1 <br />O Z <br />M> <br />n r <br />n <br />O <br />r, <br />u' 2 <br />CD <br />---- <br />Cn CD <br />WHEN RECORDED MAIL TO: <br />Cornerstone Bank N.A. <br />200304545 <br />Aurora Facility <br />1205 11th Street <br />P.O. Box 386 <br />Aurora, NE 68818 <br />[Space Above This <br />Line For Recording Data] <br />DEED <br />OF TRUST <br />DEFINITIONS <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. Certain <br />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 April 11, 2003, together with all Riders to this document. <br />(B) "Borrower" is Michael D. Kemling and Susan A. Kemling; Husband and Wife. Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is Cornerstone Bank N.A. Lender is a Corporation organized and existing under the laws of Nebraska. Lender's address is Aurora <br />Facility, 1205 11th Street, P.O. Box 386, Aurora, NE 68818. Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is CENTRAL NATIONAL BANK . <br />(E) "Note" means the promissory note signed by Borrower and dated April 11, 2003. The Note states that Borrower owes Lender Eighty -seven <br />Thousand & 00/100 Dollars (U.S. $87,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the <br />debt in full not later than May 1, 2018. <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 Borrower <br />[check box as applicable]: <br />Adjustable Rate Rider Condominium Rider Second Home Rider <br />aBalloon Rider Planned Unit Development Rider Other(s) [specify] <br />1 -4 Family Rider Biweekly Payment Rider <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 />(J) "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 instrument, <br />which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial <br />institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, <br />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 other <br />taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and /or <br />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 under <br />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 (24 <br />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 same <br />subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally <br />related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. <br />(0) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's <br />obligations under the Note and /or this Security Instrument. <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />This Security Instrument secures to Lender; (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the <br />performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants <br />and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Hall: <br />Real Property tax identification number is 400051249. <br />Lot 5, Block 6, Kay Dee Subdivision, City of Grand Island, Hall County, Nebraska <br />which currently has the address of 1816 Roberta Avenue, Grand Island, Nebraska 68803 ( "Property Address "): <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or <br />hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred <br />to in this Security Instrument as the "Property." <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property <br />NEBRASKA - Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 30281/01 <br />Page 1 of 6 <br />S <br />