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Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is HERITAGE BANK <br />Lender is a NEBRASKA BANKING CORPORATION organized <br />and existing under the laws of NEBRASKA <br />Lender's address is 1333 N WEBB RD, GRAND ISLAND, NEBRASKA 68803 <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is HERITAGE BANK 1333 N WEBB ROAD GRAND ISLAND NE 68803 <br />(E) "Note" means the promissory note signed by Borrower and dated JUNE 14, 2005 <br />The Note states that Borrower owes Lender ONE HUNDRED SEVENTY -FOUR THOUSAND <br />SIX HUNDRED AND 00/100 Dollars (U.S. $ 174, 600 . 00 } <br />plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later <br />than JULY 1, 2035 <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 <br />the Note, and all sums due under this Security Instrument, plus interest. <br />(II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are <br />to be executed by Borrower [check box as applicable]: <br />❑ <br />Adjustable Rate Rider <br />❑ <br />.�� rn = -, <br />.�� n �. <br />❑ <br />Balloon Rider <br />n = <br />Planned Unit Development Rider ❑ Other(s) [specify] <br />❑ <br />1 -4 Family Rider <br />❑ <br />� <br />n � <br />``; <br />C::) <br />QI <br />C, <br />CT) <br />� ` " <br />crl <br />C ;. . <br />W <br />CD <br />cn <br />N <br />Recording Return To: <br />U1 <br />_J__ <br />_.r <br />W <br />Cn �r <br />HERITAGE BANK co C, <br />1333 N WEBB RD <br />c� <br />Q <br />GRAND ISLAND, NEBRASKA 68803 <br />Loan Number: 641398375 <br />[Space Above This Line For Recording Data] <br />DEED OF TRUST <br />I� <br />DEFINITIONS <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, <br />13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in <br />Section 16. <br />(A) "Security Instrument" means this document, which is dated JUNE 14, 2005 <br />, together <br />with all Riders to this document. rr- cak sch <br />(B) "Borrower" is DAVID J TRAUSCH AND THRESSA A T-RAS4QH HUSBAND <br />AND <br />WIFE AS JOINT TENANTS <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is HERITAGE BANK <br />Lender is a NEBRASKA BANKING CORPORATION organized <br />and existing under the laws of NEBRASKA <br />Lender's address is 1333 N WEBB RD, GRAND ISLAND, NEBRASKA 68803 <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is HERITAGE BANK 1333 N WEBB ROAD GRAND ISLAND NE 68803 <br />(E) "Note" means the promissory note signed by Borrower and dated JUNE 14, 2005 <br />The Note states that Borrower owes Lender ONE HUNDRED SEVENTY -FOUR THOUSAND <br />SIX HUNDRED AND 00/100 Dollars (U.S. $ 174, 600 . 00 } <br />plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later <br />than JULY 1, 2035 <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 <br />the Note, and all sums due under this Security Instrument, plus interest. <br />(II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are <br />to be executed by Borrower [check box as applicable]: <br />❑ <br />Adjustable Rate Rider <br />❑ <br />Condominium Rider ❑ Second Home Rider <br />❑ <br />Balloon Rider <br />❑ <br />Planned Unit Development Rider ❑ Other(s) [specify] <br />❑ <br />1 -4 Family Rider <br />❑ <br />Biweekly Payment Rider <br />(I) "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, non - appealable judicial <br />opinions. <br />(.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges <br />that are imposed on Borrower or the Property by a condominium association, homeowners association or similar <br />organization. <br />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, <br />or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or <br />magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term <br />includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by <br />telephone, wire transfers, and automated clearinghouse transfers. <br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT D0CM0g1C 800. 649 -1362 <br />Form 3028 1 /01 Page 1 of 11 www.docmaglc.com <br />N0028.dot.l.tem - � � 1111111111 1111111111 1111 111111 1111111111 111 11111111111111111111 1111111111111 111 <br />