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p n h <br />m <br />T ' <br />yry Z m <br />Z <br />> n <br />on <br />S -, L:i 2 ti N <br />Ca >< m m <br />s m, <br />m N a Z <br />WHEN RECORDED MAIL TO: 200209599 <br />HASTINGS STATE BANK <br />SW NORTH BURLINGTON <br />HASTINGS, NE 68901 <br />[Space Above This Line For Retarding Data] <br />DEED OF TRUST <br />DEFINITIONS <br />Woods 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 September 5, 2002, together with all Riders to this document. <br />(B) "Borrower" is MICHAEL S. JONES and CHERYL A. JONES; HUSBAND AND WIFE. Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is HASTINGS STATE BANK. Lender is a COMMERCIAL BANK organized and existing under the laws of Nebraska. Lenders <br />address is 530 NORTH BURLINGTON, HASTINGS, NE 68901. Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is FIRST NATIONAL BANK OF OMAHA, 1620 DODGE STREET OMAHA NE 68102. <br />(E) "Note" means the promissory note signed by Borrower and dated September 5, 2002. The Note states that Borrower owes Lender <br />Forty -nine Thousand & 00/100 Dollars (U.S. $49,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and <br />to pay the debt in full not later than October 1, 2017. <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 Nate, 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 />0 Adjustable Rate Rider 0 Condominium Rider _ Second Home Rider <br />O Balloon Rider 0 Planned Unit Development Rider 0 Other(s)[specify] <br />1-0 Family Rider 0 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, ncrFappealable judicial opinions. <br />(J) "Community Assi ciatlon 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 descrbed in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other <br />taking of all or any pad of the Property; (iii) conveyance In lieu of condemnation; or (iv) misrepresentations of, or omissions as lo, 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 at seq.) and Its implementing regulation, Regulation K (24 <br />C.F.R. Pad 3500), as they might be amended from time to lime, 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 tf the Loan does not quality 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: in 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 #400460424 <br />LOT ONE (1), SCOTT'S WHITETAIL MEADOW SUBDIVISION, HALL COUNTY, NEBRASKA <br />which currently has the address of 7530 S. LEPIN ROAD, DONIPHAN, Nebraska 68832 ( "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 />and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the the to the Property <br />against all claims and demands, subject to any encumbrances of record. <br />NEBRASKA - Single Family -Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 30281101 <br />Page 1 of 6 <br />