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NOTICE: This instrument constitutes a constrDEED OFtI RUST under the Nebraska Construction Lien Act. uction i`,� <br />DEFINITIONS <br />S <br />Words used in muhiple 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 J A N U A R Y 2 5 , 2 0 0 2, together with all Riders to this <br />document. <br />(B) "Borrower "is LEROY 0. LOSCKE ANO 3YLViA A. LOSEKE, NUSDANO AND WIFE AS JOINT TENANTS <br />. Borrower is the tnanor un er this Secunty Instrument. <br />(C) "Lender" is FIRST NATIONAL B A N <br />ofgamze. and ex sting uN of the laws of Lender icTnrF <br />M P R enders address is Lender is t e beneficiary undor <br />this Security Instrument. <br />(D) "Trustee" is FIRST NAT I ANAL BANK ANN iliU T fOMPANY COLUMBUS_ NE <br />IE) "Note" means the promissory note signed by Borrower and dated J A N U A R Y 2 5 , 2 0 0 2 . The Note states that <br />6Sorrower owes Lender plus interest. <br />Dollars ayt 2n Z__0_➢.D_ N o ) p <br />Borrower has promised to pay this debt in regu ar Periodic Payments and to pay the debt m II not later than n F r F M s F R > s <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 <br />all sums due under this Security Instrument, plus interest. <br />rH) "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 />U MIUstabte Rate Rider UCondominium Rider ❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Otheds) Ispodfyl <br />U 1.4 Family Rider U Biweekly Payment Rider <br />(I) "Applicable Lawn' means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative <br />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 />(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, <br />instruct, or authorize a financial institution to deb@ or credit an account. Such term Includes, but Is not limited to, point -of -sale <br />transfers, automated teller 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) "MiSCellane0us Pr00eeds" 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 Propors <br />(ii) condemnation or other taking of all or any pan of the Roperty; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations <br />ot, or omissions as to, the value and /or condition of the Propeny. <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 duo for (i) principal and interest under the Note, plus (ii) any <br />amounts undor Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 lAS.C. 2§01 et seq.) and its implementing regulation, <br />RRegulation X (2a C.F.R. Part 3500), as Choy might be amended from time to time, or any addrtionai or successor legislason or <br />regulation that governs the same Subject maser. AS used in this Security Instrument, "RESPA" refers to all requirements and <br />restriMions that are imposed in regard to a "federally related mortyago loan" even if the Loan does not quality as a "federally related <br />mortgage <br />III an under RESPA. <br />(0) "Successor in Interest of Borrower" means any party that has taken this to the Property, whether or not that party has <br />assumed Borrower's obligations under the Note and /or this Security Instrument. <br />AFTER RECORDING RETURN TO: <br />FIRST NATIONAL BANK AND TRUST COMPANY <br />MORTGAGE LOAN DEPARTMENT <br />P.O. 10X 730 <br />CO L U M 9 U S, NE 68602 0730 <br />NEaftkas. RlOgle Ferr a',.nnle Mae7FnGCl<Alac ONIF011M IsamIJMENT <br />3026 ME DOT 3 /Ol D01 <br />l�� <br />Fmm 3038 1 /01 (P"ge 1 of 7 paces) <br />m <br />2 D <br />-n <br />on N <br />n> <br />T <br />M <br />� <br />on W <br />N <br />H <br />vT'- <br />N � <br />' <br />6\ <br />vv <br />3b <br />i <br />N <br />ca <br />fn <br />---� <br />-- <br />- [Space Above This <br />Line For Recording Date] <br />NOTICE: This instrument constitutes a constrDEED OFtI RUST under the Nebraska Construction Lien Act. uction i`,� <br />DEFINITIONS <br />S <br />Words used in muhiple 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 J A N U A R Y 2 5 , 2 0 0 2, together with all Riders to this <br />document. <br />(B) "Borrower "is LEROY 0. LOSCKE ANO 3YLViA A. LOSEKE, NUSDANO AND WIFE AS JOINT TENANTS <br />. Borrower is the tnanor un er this Secunty Instrument. <br />(C) "Lender" is FIRST NATIONAL B A N <br />ofgamze. and ex sting uN of the laws of Lender icTnrF <br />M P R enders address is Lender is t e beneficiary undor <br />this Security Instrument. <br />(D) "Trustee" is FIRST NAT I ANAL BANK ANN iliU T fOMPANY COLUMBUS_ NE <br />IE) "Note" means the promissory note signed by Borrower and dated J A N U A R Y 2 5 , 2 0 0 2 . The Note states that <br />6Sorrower owes Lender plus interest. <br />Dollars ayt 2n Z__0_➢.D_ N o ) p <br />Borrower has promised to pay this debt in regu ar Periodic Payments and to pay the debt m II not later than n F r F M s F R > s <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 <br />all sums due under this Security Instrument, plus interest. <br />rH) "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 />U MIUstabte Rate Rider UCondominium Rider ❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Otheds) Ispodfyl <br />U 1.4 Family Rider U Biweekly Payment Rider <br />(I) "Applicable Lawn' means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative <br />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 />(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, <br />instruct, or authorize a financial institution to deb@ or credit an account. Such term Includes, but Is not limited to, point -of -sale <br />transfers, automated teller 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) "MiSCellane0us Pr00eeds" 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 Propors <br />(ii) condemnation or other taking of all or any pan of the Roperty; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations <br />ot, or omissions as to, the value and /or condition of the Propeny. <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 duo for (i) principal and interest under the Note, plus (ii) any <br />amounts undor Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 lAS.C. 2§01 et seq.) and its implementing regulation, <br />RRegulation X (2a C.F.R. Part 3500), as Choy might be amended from time to time, or any addrtionai or successor legislason or <br />regulation that governs the same Subject maser. AS used in this Security Instrument, "RESPA" refers to all requirements and <br />restriMions that are imposed in regard to a "federally related mortyago loan" even if the Loan does not quality as a "federally related <br />mortgage <br />III an under RESPA. <br />(0) "Successor in Interest of Borrower" means any party that has taken this to the Property, whether or not that party has <br />assumed Borrower's obligations under the Note and /or this Security Instrument. <br />AFTER RECORDING RETURN TO: <br />FIRST NATIONAL BANK AND TRUST COMPANY <br />MORTGAGE LOAN DEPARTMENT <br />P.O. 10X 730 <br />CO L U M 9 U S, NE 68602 0730 <br />NEaftkas. RlOgle Ferr a',.nnle Mae7FnGCl<Alac ONIF011M IsamIJMENT <br />3026 ME DOT 3 /Ol D01 <br />l�� <br />Fmm 3038 1 /01 (P"ge 1 of 7 paces) <br />