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DEFINITIONS S— <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 So <br />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 .... .... .......... ...... 0, 4: 24; 2. PP3 ................ ............. together <br />with all Riders to this document. <br />(B) "Borrower" is .MARC J.B.OPKAND,IPRINOCK. HOSRANR AND .. WI IFE ................... ........................ ....._......................... <br />................................. ............................... <br />Borrower is the trualor under (his Security Instrument <br />(C) "Lender" is PINNACLE BANK; CENTNAL,CIT,Y,,,..... <br />Lender is a . CONBARATION .......................................................... ............................... organized and existing under <br />the laws of .THE.STATEAE NEBRASKA ....... ......_........................ Lender's address is .320.O.EMT U, BOX 28..AENTR.At...... <br />.GI.TY,.N E.. ORB20 .............................................................. ............................... <br />Leader is the beneficiary under this Security Instrument. <br />(D) "Trustee" is BINNACLE BANK 320 G STREET, CENT RAL CITY, NE. 6@ 8, 26 ................................... ............................... .... <br />(E) "Note" means the promissory note signed by Borrower and dated 04:24:70,03 ...... _ ...... ...... The <br />Note states that Borrower owes Lender TNIRT,Y.TNORBANR ONE[BNOREO.P.NA AND1011A0 .......... .. ......... .......... ......... ..... ..... <br />................... ............................... Dollars (U.S. $ .30J .0.2,30....................... plus interest. Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than ................... .A7:01;2004.................... <br />......................................................................................................................... ............................... . <br />(F) "Property" means the properly 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, <br />and all sums 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 <br />executed by Borrower tcheck box as applicable): <br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Nome Rider <br />® Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) rspecifyj ....................... <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(I) "Applicable law" means all controlling applicable federal, state and local shames, regulations, ordinances and <br />administrative rules and 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 <br />imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. <br />(I) "ElectroWc Funds Transfer" means any transfer of funds, other than a transaction originated by chuck, draft, or similar <br />paper instrunient, which is initiated through an electronic lemlinal, telephonic instrument, computer, or magnetic tape so as to <br />order, instruct, or authorize a financial institution to debit or credit an account Such tern includes, but is not limited to, <br />point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated <br />clearinghouse transfers. <br />(L) "Escrow Rents" means those items that are described in Section 3. <br />(M) "MisceRnneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party <br />(other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the <br />Property; In) condemnation or other taking of all or any pan of the Property; (ii) conveyance in lieu of condemnation; or (iv) <br />misrepresentations of, or omissions as to, the 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 <br />anu ums 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, <br />Regulation X (24 C.P.R. Pan 3500), as they might be amended from lino, to time, or any additional or successor legislation or <br />regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and <br />restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally <br />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 <br />assumed Borrower's obligations under the Note and /or this Security insrumem. <br />Form 3028 1101 <br />NEBRASKA— Single Family —Fannie Mae /Freddie Mac UNIFORM INSTRUMENT 1111111111111111 Jill 11111111111111111 IIII <br />BaMU,e Sy"tema, Irc., 5t CIeuO. MN Po,m Mc rIN 6 /111MI1 ,a} <br />r. nzoBl care, t oJ)µrgr) �'♦♦ a B 2 A 0 <br />Inn <br />A <br />° <br />o <br />in <br />T r'1 <br />o � <br />a3 <br />N <br />f— D <br />cfl N <br />N <br />W <br />Q <br />W <br />JC <br />C <br />a, <br />tl <br />cn <br />S <br />N <br />I--a 7 <br />N <br />rF <br />1 P..1 Ahova Thi <br />Lin Fo Re rding Data] <br />p <br />DEED <br />OF TRUST <br />DEFINITIONS S— <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 So <br />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 .... .... .......... ...... 0, 4: 24; 2. PP3 ................ ............. together <br />with all Riders to this document. <br />(B) "Borrower" is .MARC J.B.OPKAND,IPRINOCK. HOSRANR AND .. WI IFE ................... ........................ ....._......................... <br />................................. ............................... <br />Borrower is the trualor under (his Security Instrument <br />(C) "Lender" is PINNACLE BANK; CENTNAL,CIT,Y,,,..... <br />Lender is a . CONBARATION .......................................................... ............................... organized and existing under <br />the laws of .THE.STATEAE NEBRASKA ....... ......_........................ Lender's address is .320.O.EMT U, BOX 28..AENTR.At...... <br />.GI.TY,.N E.. ORB20 .............................................................. ............................... <br />Leader is the beneficiary under this Security Instrument. <br />(D) "Trustee" is BINNACLE BANK 320 G STREET, CENT RAL CITY, NE. 6@ 8, 26 ................................... ............................... .... <br />(E) "Note" means the promissory note signed by Borrower and dated 04:24:70,03 ...... _ ...... ...... The <br />Note states that Borrower owes Lender TNIRT,Y.TNORBANR ONE[BNOREO.P.NA AND1011A0 .......... .. ......... .......... ......... ..... ..... <br />................... ............................... Dollars (U.S. $ .30J .0.2,30....................... plus interest. Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than ................... .A7:01;2004.................... <br />......................................................................................................................... ............................... . <br />(F) "Property" means the properly 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, <br />and all sums 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 <br />executed by Borrower tcheck box as applicable): <br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Nome Rider <br />® Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) rspecifyj ....................... <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(I) "Applicable law" means all controlling applicable federal, state and local shames, regulations, ordinances and <br />administrative rules and 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 <br />imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. <br />(I) "ElectroWc Funds Transfer" means any transfer of funds, other than a transaction originated by chuck, draft, or similar <br />paper instrunient, which is initiated through an electronic lemlinal, telephonic instrument, computer, or magnetic tape so as to <br />order, instruct, or authorize a financial institution to debit or credit an account Such tern includes, but is not limited to, <br />point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated <br />clearinghouse transfers. <br />(L) "Escrow Rents" means those items that are described in Section 3. <br />(M) "MisceRnneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party <br />(other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the <br />Property; In) condemnation or other taking of all or any pan of the Property; (ii) conveyance in lieu of condemnation; or (iv) <br />misrepresentations of, or omissions as to, the 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 <br />anu ums 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, <br />Regulation X (24 C.P.R. Pan 3500), as they might be amended from lino, to time, or any additional or successor legislation or <br />regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and <br />restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally <br />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 <br />assumed Borrower's obligations under the Note and /or this Security insrumem. <br />Form 3028 1101 <br />NEBRASKA— Single Family —Fannie Mae /Freddie Mac UNIFORM INSTRUMENT 1111111111111111 Jill 11111111111111111 IIII <br />BaMU,e Sy"tema, Irc., 5t CIeuO. MN Po,m Mc rIN 6 /111MI1 ,a} <br />r. nzoBl care, t oJ)µrgr) �'♦♦ a B 2 A 0 <br />