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(D) "Trustee" is FIRST NATIONAL 8ANK OF OMAHA
<br />gE) "Note" means the promissory note signed by Borrower and dated D E C E M B E R 1 7 . 2 0 0 2 . The Note states that
<br />drover owes Lender ONE HUNDRED FIFTY tIGH 77100
<br />Dollars U. ) plus interest.
<br />Borrower has promise to pay this debt in regular erwdic Payments and to pay the debt in all not later than
<br />A R Y l OFT
<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, and
<br />all sums 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
<br />Borrower [check box as applicable]'
<br />❑Adjustable Rate Rider ❑Condominium Rider ❑ Second Home Rider
<br />❑ Balloon Rider D Planned Unit Development Rider ❑ Other(s) [specify] _
<br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider
<br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative
<br />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 transfer of funds, other than a transaction originated by check, draft, or similar paper
<br />instrument, which is initiated through an electronic terminal, telephonic Instrument, computer, or magnetic tape so as to order,
<br />instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale
<br />transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
<br />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 Property;
<br />(it) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations
<br />of, or omissions as to, the value and /or 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 (it) any
<br />amounts under 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,
<br />Regulation 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 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 qualify as a "federally related
<br />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
<br />assumed Borrower's obligations under the Note and/or this Security Instrument.
<br />AFTER RECORDING RETURN TO:
<br />� I R S T NATIONAL BANK H OMAHA
<br />M 0 R T G A G L LOAN DEcARTMENI
<br />1620 DODGE S I R I F T STOP 4300
<br />OMAHA. NC 68197 -4300
<br />NEBRASKA - Sande FFmlly- Fannin Maei rsl 1e Mac UNIFORM INSTRUMENT Form 308 1101 (page 1 of 7 paws)
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<br />35.5,
<br />DEED OF TRUST
<br />DEFINITIONS
<br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
<br />11, 13, 18, 20
<br />and 21.
<br />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 D E C E M 8 E R 17 . 2 0 0 2 , together with all Riders
<br />to
<br />this
<br />document.
<br />(B) "Borrower "Is DAVID M- CITTA AND W E N D Y L- CITTA, AS HUSBAND
<br />AND WIFE
<br />Borrower is the truster under this Security Instrument.
<br />r�oIT eAT 1 n N Ai RANK OF 0 M A H A .Lender
<br />is
<br />(D) "Trustee" is FIRST NATIONAL 8ANK OF OMAHA
<br />gE) "Note" means the promissory note signed by Borrower and dated D E C E M B E R 1 7 . 2 0 0 2 . The Note states that
<br />drover owes Lender ONE HUNDRED FIFTY tIGH 77100
<br />Dollars U. ) plus interest.
<br />Borrower has promise to pay this debt in regular erwdic Payments and to pay the debt in all not later than
<br />A R Y l OFT
<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, and
<br />all sums 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
<br />Borrower [check box as applicable]'
<br />❑Adjustable Rate Rider ❑Condominium Rider ❑ Second Home Rider
<br />❑ Balloon Rider D Planned Unit Development Rider ❑ Other(s) [specify] _
<br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider
<br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative
<br />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 transfer of funds, other than a transaction originated by check, draft, or similar paper
<br />instrument, which is initiated through an electronic terminal, telephonic Instrument, computer, or magnetic tape so as to order,
<br />instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale
<br />transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
<br />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 Property;
<br />(it) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations
<br />of, or omissions as to, the value and /or 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 (it) any
<br />amounts under 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,
<br />Regulation 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 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 qualify as a "federally related
<br />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
<br />assumed Borrower's obligations under the Note and/or this Security Instrument.
<br />AFTER RECORDING RETURN TO:
<br />� I R S T NATIONAL BANK H OMAHA
<br />M 0 R T G A G L LOAN DEcARTMENI
<br />1620 DODGE S I R I F T STOP 4300
<br />OMAHA. NC 68197 -4300
<br />NEBRASKA - Sande FFmlly- Fannin Maei rsl 1e Mac UNIFORM INSTRUMENT Form 308 1101 (page 1 of 7 paws)
<br />
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