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200210131 (C) "Lender" is U.S. BANK N.A. Lender is NATIONAL ASSOCIATION organized and existing under the laws of THE UNITED STATES OF AMERICA Lender's address is 4801 FREDERICA STREET, OWENSBORO, KY 42301 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is GARY D. BYRNE, A MEMBER OF THE NEBRASKA BAR ASSOCIATION (E) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 20, 2002 The Note states that Borrower owes Lender OUR HUNDRED TWENTY SEVEN THOUSAND AND NO /100 Dollars (U.S. $ 127, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 1, 2012 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property . (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (II) "Eiders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider 0 Condominium Rider 1-1 Second Home Rider O Balloon Rider 0 Planned Unit Development Rider Q 1-4 Family Rider El VA Rider E Biweekly Payment Rider El Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative roles and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (d) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is vitiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as in order, instruct, or authorize a financial institution in debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any par[ of the Property; (iii) conveyance in lieu of condemnation or (iv) misrepresentations of, or omissions as to, the value and /or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. Mlliel8 - 6(NE)_ (aops) _ _ eases of �s � Farm 3028 1/01 r