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DEFINITIONS <br />Wards used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 <br />and 2 L Certain rates 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 ... ................. 10,- 01: z0 ,0,$,_,,,,,_ .......... together <br />with all Riders to this document. <br />(B) "Borrower" is Jack.luthand.danlGe lo( h. Hushz7ld. dnd. W.. ife ................................................. ............................... <br />...... . ... ... ................... ............................ ........................ .................. ................... .................. . ...... <br />Borrower is the trustor under this Security Instrument <br />(C) "Lender" is ,H„eritage Bank .................................................................................. ........_._.................... <br />Lender is a. OArpprdti. 11B ....................................................... ........_..................._._ organized and existing under <br />the laws of . the A 40A. RebrAft ......... ............................... . Lender's address is ..1333, North Webb Retail, P.O,., Bgx,5,1,38, <br />Grand I ?Land NE 6880.2.... .. .. ... .................. ............ .......... ................ <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is Heritage Bank.1333N,Wehb.Boad,,G,rand Island, NE 68802 -5138 <br />(E) "Note" means the promissory note signed by Borrower and dated ........ .............................. _...... . The <br />Note states that Borrower owes Lender Ihifly. fantthep5a0f] And. untl0. 0 .............. ..._............... ............ <br />........................ <br />... . ... .._ ........................ I .......... .... Dollars (U.S. $ J4, 0„0,0;08.,,,,,,,.,,,,,,,.,,..) plus interest, Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than .. ....... ............ ik.Ot,NOO2................... <br />......................................................................................................................... ............................... <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 Tate charges due under the Note, <br />and all sums due under this Security Instrument, plus interest. <br />(IL) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be <br />executed by Borrower [check box as applicable]: <br />❑ Adjustable Rule Rider ❑ Condominium Rider ❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider [M Other(s) [specify] Npn;0,wner „_...... <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider occupancy <br />(p "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, nou-appealable judicial opinions. <br />(.n "Community Association (Ales, 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 mr similar organization. <br />(E) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar <br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so a% to <br />order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, <br />paint -of -sale transfers, automated teller machine transactions,, transfers initiated by telephone, wire transfers, and automated <br />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 <br />(other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage'to, or destruction of, the <br />Property; (it) condemnation or other taking of all or any part of the Property; (iii) 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" mean 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) "RESPA" mean the Real Estate Settlement Procedures Act (12 U.S.C. 82601 et seq.) and its implementing regulation, <br />Regulation X (24 C.Y.R. Part 3500), as they might be amended from time to lime, 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 quality as a "federally <br />related mortgage loan" under RESPA. <br />(Q) "Successor in Interest of Borrower" mean any party that has taken title to the Property, whether or not that party has <br />assumed Borrower's obligation under the Note and /or this Security Instrument. <br />F.,. 3028 1/01 <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT IIIIV IIIIIIINI <br />IIIII ae ,ema, aClotl. MN FO,m MD -0 NE 811712000 n1 112.01 <br />(tvgel o(9pa8tr) J n 2 R 0 <br />A n r <br />rn S D <br />M W <br />n n z n x <br />to <br />o <br />„r <br />m to <br />ry <br />o <br />G7 <br />N <br />r <br />� <br />r✓ <br />r n <br />y <br />Ut <br />N <br />W <br />N <br />N <br />[Space Above This Line Far Recording Data] <br />DEED OF TRUST <br />DEFINITIONS <br />Wards used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 <br />and 2 L Certain rates 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 ... ................. 10,- 01: z0 ,0,$,_,,,,,_ .......... together <br />with all Riders to this document. <br />(B) "Borrower" is Jack.luthand.danlGe lo( h. Hushz7ld. dnd. W.. ife ................................................. ............................... <br />...... . ... ... ................... ............................ ........................ .................. ................... .................. . ...... <br />Borrower is the trustor under this Security Instrument <br />(C) "Lender" is ,H„eritage Bank .................................................................................. ........_._.................... <br />Lender is a. OArpprdti. 11B ....................................................... ........_..................._._ organized and existing under <br />the laws of . the A 40A. RebrAft ......... ............................... . Lender's address is ..1333, North Webb Retail, P.O,., Bgx,5,1,38, <br />Grand I ?Land NE 6880.2.... .. .. ... .................. ............ .......... ................ <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is Heritage Bank.1333N,Wehb.Boad,,G,rand Island, NE 68802 -5138 <br />(E) "Note" means the promissory note signed by Borrower and dated ........ .............................. _...... . The <br />Note states that Borrower owes Lender Ihifly. fantthep5a0f] And. untl0. 0 .............. ..._............... ............ <br />........................ <br />... . ... .._ ........................ I .......... .... Dollars (U.S. $ J4, 0„0,0;08.,,,,,,,.,,,,,,,.,,..) plus interest, Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than .. ....... ............ ik.Ot,NOO2................... <br />......................................................................................................................... ............................... <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 Tate charges due under the Note, <br />and all sums due under this Security Instrument, plus interest. <br />(IL) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be <br />executed by Borrower [check box as applicable]: <br />❑ Adjustable Rule Rider ❑ Condominium Rider ❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider [M Other(s) [specify] Npn;0,wner „_...... <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider occupancy <br />(p "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, nou-appealable judicial opinions. <br />(.n "Community Association (Ales, 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 mr similar organization. <br />(E) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar <br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so a% to <br />order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, <br />paint -of -sale transfers, automated teller machine transactions,, transfers initiated by telephone, wire transfers, and automated <br />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 <br />(other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage'to, or destruction of, the <br />Property; (it) condemnation or other taking of all or any part of the Property; (iii) 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" mean 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) "RESPA" mean the Real Estate Settlement Procedures Act (12 U.S.C. 82601 et seq.) and its implementing regulation, <br />Regulation X (24 C.Y.R. Part 3500), as they might be amended from time to lime, 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 quality as a "federally <br />related mortgage loan" under RESPA. <br />(Q) "Successor in Interest of Borrower" mean any party that has taken title to the Property, whether or not that party has <br />assumed Borrower's obligation under the Note and /or this Security Instrument. <br />F.,. 3028 1/01 <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT IIIIV IIIIIIINI <br />IIIII ae ,ema, aClotl. MN FO,m MD -0 NE 811712000 n1 112.01 <br />(tvgel o(9pa8tr) J n 2 R 0 <br />