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DEFINITIONS <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, It, 13, 18, 20 <br />and 21 . Cermiu 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 _.. ...... ___...._.]0142002. _........ _ ............... together <br />with all Riders to this document. <br />(B) "Borrower" is Paul H. OWell and. DidneLJoweII,.HmhpRdaOd Wife ....... ..... ... . ............................... .... ...... ..... <br />.................................................................................. ............................... _.................... _................ <br />Borrower is the trust., under this Security Instrument. <br />(C) "Lender" is Heritage Rank .. ..__......... ..._...... .. <br />Lender is a.0g11POF 00.,......._. .._. ........ .. .. ........... ................. .......... organized and existing under <br />the laws of the state.of. Nebraska .. .... ........ ........... .... .......... . Lender's address is . 1x3,7, tdanh W.ab6 Heed, P,0;,0,gt,5,10, @, <br />................... ............................... _................,............ ............................... <br />Leader is the beneficiary under this Security Instrument. <br />(D) "Trustee' is Tierkellq nk .................................... ..................................:........ .__......:..................... _.. <br />(E) "Note" means the promissory note signed by Borrower and dated .10;11;2 002. _............ _ . ............................... .The <br />Note stales that Burrower owes Lender fIf1Y.l0urlhgUaaadand nlJlOA ..... _ ....... ....................._......... . _........ <br />............. ............................... _.... Dollars (U. S. 3 54,0g,0AQ..,,,,,,,,,,,,,,,,,,,I plus interest. Borrower has promiscvl to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than .............._ .....1lM20a2.. ........... <br />...... <br />._ .. ......... ......... .............. ........... .. ._........................ <br />..__.. ............................... <br />(F) "Properly" means the property that is described below under the heading "'Transfer of Rights in the Property." <br />(G) "Loan" imam 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 />(IT) "Riders" rneaus all Riders to this Security Instrument that are executed by Borrower The following Riders are to he <br />executed by Borrower [check box as applicable]: <br />❑ Adjustable Rate Rider ❑ Condnminiuce Rider ❑ Second Drum Rider <br />❑ Balloon Rider ❑ Planned [lout Development Rider ❑ Olhcne) [specify] ....................... <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(1) "Applicable Law" means all controlling applicable federal, slate and local statues, regulations, ordinances and <br />administrative rules and orders than have the effect of law) as well as all applicable final, non - appealable judicial opinions. <br />(d) "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 />(E) "Electronic Funds Transfer" muus any transfer, of funds, other than a transaction originated by check, draft, or similar <br />paper instrument, which is initiated through an electronic team=[, telephonic instrument, computer, or magnetic tape so as to <br />order, instruct, or authorize n financial institution to debit or credit to account Such temn includes, but is not limited to, <br />point -o6 -sale transfers, automated lclle, machine lmnsacliuus, madders initiated by telephone, wire transfers, and automated <br />clearinghouse tra iders. <br />2) "Escrow Iteras" means those items that are described in Section 3. <br />(M) "MlsueFmmous 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) foe (i) damage in, or destruction of, the <br />Property, (a) condemnation or other taking of all or any part of the Propeny; (iii) conveyance in lieu of co0mrmumn; or (iv) <br />misrepresentations of, or omissions as to, the value and /or condition of the Properly. <br />(N) "Mortyngc Lasurmrce" meaus insurance protecting Leader 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 Noe, plus (ii) any <br />amounts undo, Section 3 of this Security Instrument , <br />(r) "RESPA" mums the Real Estate Setllenand Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, <br />Rcgulaii.0 X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or <br />regulation that govems the same subject matter. As used in this Security Instrument, ''RL'SPA" refers to all requirements and <br />restrictions that are imposed in regard to a "federally related mortgage loan" even it the Loan does not qualify as a "federally <br />Mated mortgage loan" under RESPA. <br />(Q) "Successor in Interest of Borrower" means any party that has taken title to the Proporty, whodrer or not that party has <br />assumed Borrower's obligations under the Note and /or this Security Instrument <br />Form 3028 1101 <br />NEBRASKA — Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT illl 111111111111111111111111 <br />NEBRASKA—Single <br />syKA Singleowe, Family—Fannie <br />Form ie l ae 6. eddie <br />4 Z, J 3 2 A 0 <br />S D <br />ed N <br />N <br />to <br />N <br />H <br />cn <br />s a ;r <br />[Space Above This Line For Recording Datal <br />:t <br />DEED OF TRUST <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, It, 13, 18, 20 <br />and 21 . Cermiu 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 _.. ...... ___...._.]0142002. _........ _ ............... together <br />with all Riders to this document. <br />(B) "Borrower" is Paul H. OWell and. DidneLJoweII,.HmhpRdaOd Wife ....... ..... ... . ............................... .... ...... ..... <br />.................................................................................. ............................... _.................... _................ <br />Borrower is the trust., under this Security Instrument. <br />(C) "Lender" is Heritage Rank .. ..__......... ..._...... .. <br />Lender is a.0g11POF 00.,......._. .._. ........ .. .. ........... ................. .......... organized and existing under <br />the laws of the state.of. Nebraska .. .... ........ ........... .... .......... . Lender's address is . 1x3,7, tdanh W.ab6 Heed, P,0;,0,gt,5,10, @, <br />................... ............................... _................,............ ............................... <br />Leader is the beneficiary under this Security Instrument. <br />(D) "Trustee' is Tierkellq nk .................................... ..................................:........ .__......:..................... _.. <br />(E) "Note" means the promissory note signed by Borrower and dated .10;11;2 002. _............ _ . ............................... .The <br />Note stales that Burrower owes Lender fIf1Y.l0urlhgUaaadand nlJlOA ..... _ ....... ....................._......... . _........ <br />............. ............................... _.... Dollars (U. S. 3 54,0g,0AQ..,,,,,,,,,,,,,,,,,,,I plus interest. Borrower has promiscvl to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than .............._ .....1lM20a2.. ........... <br />...... <br />._ .. ......... ......... .............. ........... .. ._........................ <br />..__.. ............................... <br />(F) "Properly" means the property that is described below under the heading "'Transfer of Rights in the Property." <br />(G) "Loan" imam 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 />(IT) "Riders" rneaus all Riders to this Security Instrument that are executed by Borrower The following Riders are to he <br />executed by Borrower [check box as applicable]: <br />❑ Adjustable Rate Rider ❑ Condnminiuce Rider ❑ Second Drum Rider <br />❑ Balloon Rider ❑ Planned [lout Development Rider ❑ Olhcne) [specify] ....................... <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(1) "Applicable Law" means all controlling applicable federal, slate and local statues, regulations, ordinances and <br />administrative rules and orders than have the effect of law) as well as all applicable final, non - appealable judicial opinions. <br />(d) "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 />(E) "Electronic Funds Transfer" muus any transfer, of funds, other than a transaction originated by check, draft, or similar <br />paper instrument, which is initiated through an electronic team=[, telephonic instrument, computer, or magnetic tape so as to <br />order, instruct, or authorize n financial institution to debit or credit to account Such temn includes, but is not limited to, <br />point -o6 -sale transfers, automated lclle, machine lmnsacliuus, madders initiated by telephone, wire transfers, and automated <br />clearinghouse tra iders. <br />2) "Escrow Iteras" means those items that are described in Section 3. <br />(M) "MlsueFmmous 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) foe (i) damage in, or destruction of, the <br />Property, (a) condemnation or other taking of all or any part of the Propeny; (iii) conveyance in lieu of co0mrmumn; or (iv) <br />misrepresentations of, or omissions as to, the value and /or condition of the Properly. <br />(N) "Mortyngc Lasurmrce" meaus insurance protecting Leader 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 Noe, plus (ii) any <br />amounts undo, Section 3 of this Security Instrument , <br />(r) "RESPA" mums the Real Estate Setllenand Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, <br />Rcgulaii.0 X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or <br />regulation that govems the same subject matter. As used in this Security Instrument, ''RL'SPA" refers to all requirements and <br />restrictions that are imposed in regard to a "federally related mortgage loan" even it the Loan does not qualify as a "federally <br />Mated mortgage loan" under RESPA. <br />(Q) "Successor in Interest of Borrower" means any party that has taken title to the Proporty, whodrer or not that party has <br />assumed Borrower's obligations under the Note and /or this Security Instrument <br />Form 3028 1101 <br />NEBRASKA — Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT illl 111111111111111111111111 <br />NEBRASKA—Single <br />syKA Singleowe, Family—Fannie <br />Form ie l ae 6. eddie <br />4 Z, J 3 2 A 0 <br />