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I, <br />D <br />Z <br />D <br />T <br />r 200208225 <br />M <br />N <br />m <br />m DEFINITIONS <br />III) <br />DEED OF TRUST <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13 <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 ........................QA B{,' 2QA2 ................. _......... <br />with all Riders to this document. <br />(B) "Borrower" is Rsyrnand J,Baberniss, JrandNtelissa,q., Ayeriield, Sachs Single.Parsgn „....,, „. <br />............. ............ <br />Borrower is the truster under this Security Instrument <br />(C) "Leader” is HeritatieB, ank ............................ <br />18, 20 <br />together <br />Lender is a fAtpW.abnn ....._. _ ............................ _... ......... ....... organized and existing under <br />the laws of .the state Bt. NOraaka.. _ ..............._._.... ... ._._. . Lender's address is .1.33,3. Ngtttl w,abh Baad, t.',Q,.B.an.6.i3. @. <br />Grand.[ sLanA,. NE.. GBM .................................................................. ............................... ...... _... <br />Louder is the beneficiary under this Security Instrument. <br />(D) "Trustee” is Heritage Bank..1333 N, Weh6 Road_Grand Island, NE 888025138 <br />(E) 'Note" means the promissory note signed by Borrower and dared Q0: Q2:2 9Q2 ................ ..............................— . The <br />Now states that Borrower owes Lender Rue. bund7ad[WY llvo.thomand nine.bundrod An 114.A... .. .__.... ........ <br />._... ....__.... _....... _._. Dollars (U.S. $ 'I!n zt! plus interest. Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later tha ..... ].1-A2:2QQ2 .......... <br />.............. I .... ......................... . _........... _....................................................... ............................... _ . <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, <br />and all sums due under this Security Instrument, plus interest. <br />(E) 'Riders" means all Riders to this Security Instrument that am executed by Borrower. The following Riders are in be <br />executed by Borrower [check box as applicable]: <br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />17 Balloon 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 <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 />(K) "Electronic Funds Transfer" means any trawler of funds, other than a transaction originated by check, draft, or similar <br />paper instrument, which is initiated through an electronic terminal, telephonic iusonarent, computer, or magnetic tape so as to <br />order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, <br />point- of-salc transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated <br />clearinghouse transfers. <br />(L) "Escrow I[erns" 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 <br />(other than insurance proceeds paid under the coverages described in Section 5) for (t) damage to, or destruction of, the <br />Property; (it) condemnation or other taking of all or any part of the Property; (iii) conveyance in lien of vondcmnation; or (iv) <br />misrepresentations of, or omissions as to, the value and /or condition of the Property. <br />(NS') "Muelgage 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 />amounts under Section 3 of this Security Instrument. <br />(P) "BESPA" meaus the Real Estate Setticncut Procedures Act (12 U1 S,C. $2601 c4 seq.) and its implementing regulation, <br />Regulation X (24 O.P.R. Part 3500), as they might be amended from time 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 N all requimiriens and <br />restrictious that are imposed in regard to a "federally related mortgage loan" even if the Loan douv nnl qualify as a 'federally <br />related mortgage [man" 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 obligation% under the Now and /or this Security Instrument. <br />Fenn 3028 1101 <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mae UNIFORM INSTRUMENT M <br />, Sc Clw <br />8 d MN Form n -1 E 8/1712000 <br />a k... Sy,t,m,, nc <br />I . N@000 <br />ree wool mare I f7N8es1 J B 2 A 0 <br />c <br />29 <br />n <br />n <br />a <br />c <br />z <br />\' <br />N <br />° <br />in <br />n <br />2 <br />y <br />\ <br />c 1` <br />at <br />a <br />z <br />N <br />�- <br />c <br />o�• <br />Q <br />o � <br />p <br />N <br />_ <br />p <br />ty <br />3 <br />c=, <br />C <br />f <br />p <br />[Space <br />Above This Line For Recording Date] <br />DEED OF TRUST <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13 <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 ........................QA B{,' 2QA2 ................. _......... <br />with all Riders to this document. <br />(B) "Borrower" is Rsyrnand J,Baberniss, JrandNtelissa,q., Ayeriield, Sachs Single.Parsgn „....,, „. <br />............. ............ <br />Borrower is the truster under this Security Instrument <br />(C) "Leader” is HeritatieB, ank ............................ <br />18, 20 <br />together <br />Lender is a fAtpW.abnn ....._. _ ............................ _... ......... ....... organized and existing under <br />the laws of .the state Bt. NOraaka.. _ ..............._._.... ... ._._. . Lender's address is .1.33,3. Ngtttl w,abh Baad, t.',Q,.B.an.6.i3. @. <br />Grand.[ sLanA,. NE.. GBM .................................................................. ............................... ...... _... <br />Louder is the beneficiary under this Security Instrument. <br />(D) "Trustee” is Heritage Bank..1333 N, Weh6 Road_Grand Island, NE 888025138 <br />(E) 'Note" means the promissory note signed by Borrower and dared Q0: Q2:2 9Q2 ................ ..............................— . The <br />Now states that Borrower owes Lender Rue. bund7ad[WY llvo.thomand nine.bundrod An 114.A... .. .__.... ........ <br />._... ....__.... _....... _._. Dollars (U.S. $ 'I!n zt! plus interest. Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later tha ..... ].1-A2:2QQ2 .......... <br />.............. I .... ......................... . _........... _....................................................... ............................... _ . <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, <br />and all sums due under this Security Instrument, plus interest. <br />(E) 'Riders" means all Riders to this Security Instrument that am executed by Borrower. The following Riders are in be <br />executed by Borrower [check box as applicable]: <br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />17 Balloon 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 <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 />(K) "Electronic Funds Transfer" means any trawler of funds, other than a transaction originated by check, draft, or similar <br />paper instrument, which is initiated through an electronic terminal, telephonic iusonarent, computer, or magnetic tape so as to <br />order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, <br />point- of-salc transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated <br />clearinghouse transfers. <br />(L) "Escrow I[erns" 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 <br />(other than insurance proceeds paid under the coverages described in Section 5) for (t) damage to, or destruction of, the <br />Property; (it) condemnation or other taking of all or any part of the Property; (iii) conveyance in lien of vondcmnation; or (iv) <br />misrepresentations of, or omissions as to, the value and /or condition of the Property. <br />(NS') "Muelgage 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 />amounts under Section 3 of this Security Instrument. <br />(P) "BESPA" meaus the Real Estate Setticncut Procedures Act (12 U1 S,C. $2601 c4 seq.) and its implementing regulation, <br />Regulation X (24 O.P.R. Part 3500), as they might be amended from time 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 N all requimiriens and <br />restrictious that are imposed in regard to a "federally related mortgage loan" even if the Loan douv nnl qualify as a 'federally <br />related mortgage [man" 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 obligation% under the Now and /or this Security Instrument. <br />Fenn 3028 1101 <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mae UNIFORM INSTRUMENT M <br />, Sc Clw <br />8 d MN Form n -1 E 8/1712000 <br />a k... Sy,t,m,, nc <br />I . N@000 <br />ree wool mare I f7N8es1 J B 2 A 0 <br />c <br />