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(A) "Security Instrument" means this document, which is dated J U L Y 16 , 2 0 0 3 together with all Riders to this <br />document. <br />(B) "Borrower" is DAVID M. C I T T A AND W E N D Y L. CITTA, AS HUSBAND AND WIFE <br />. Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is FIRST NATIONAL BANK OF OMAHA . Lender isa <br />A NATIONAL BANKING ASSOCIATION organized and existing under the laws of THE UNITED STATES <br />O F A M E R I C A Lender's address is 1620 DODGF STRFFT STOP 4300, OMAHA, NE 68197 -4300 <br />Lender is the beneficiary under <br />this Security Instrument. <br />(D) "Trustee" is FIRST NATIONAL BANK OF OMAHA <br />1620 DODGE STREET STOP 4300 OMAHA NE 68197 -4300 <br />gE) "Note" means the promissory note signed by Borrower and dated J U L Y 16 . 2 0 0 3 The Note states that <br />orrower owes Lender ONE HUNDRED FIFTY E I G H 100 <br />nterest. <br />Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than <br />AUGUST 1. 2033 <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 <br />❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(1) "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 />(ii) 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 (ii) 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 et 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 />(Q) "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 />FIRST NATIONAL BANK OF OMAHA <br />MORTGAGE LOAN DEPARTMENT <br />1620 DODGE STREET STOP 4300 <br />OMAHA, NE 68197 -4300 <br />NEBRASKA — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 (page 1 of 7 pages) <br />3028 NE DOT 1/01 PG1 <br />n n <br />rn = D <br />C7 M cn <br />ca CO <br />o <br />n <br />�' <br />__ <br />C-_ <br />-; <br />N <br />znrJ -� <br />c <br />_ <br />z <br />--- i rT <br />nm <br />� <br />''7 <br />c <br />CD <br />M <br />En <br />M-11 <br />co C <br />W <br />17-d <br />CAD <br />C) <br />c t1 <br />Cn <br />rV CD <br />, <br />® <br />[Space Above This Line For Recording Dataj <br />08000303013 <br />-01 <br />pZ <br />DEED OF TRUST <br />DEFINITIONS <br />'� s <br />Words used in multiple sections of this document are defined below and other words are defined in Sections <br />3, <br />11, 13, 18, 20 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 J U L Y 16 , 2 0 0 3 together with all Riders to this <br />document. <br />(B) "Borrower" is DAVID M. C I T T A AND W E N D Y L. CITTA, AS HUSBAND AND WIFE <br />. Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is FIRST NATIONAL BANK OF OMAHA . Lender isa <br />A NATIONAL BANKING ASSOCIATION organized and existing under the laws of THE UNITED STATES <br />O F A M E R I C A Lender's address is 1620 DODGF STRFFT STOP 4300, OMAHA, NE 68197 -4300 <br />Lender is the beneficiary under <br />this Security Instrument. <br />(D) "Trustee" is FIRST NATIONAL BANK OF OMAHA <br />1620 DODGE STREET STOP 4300 OMAHA NE 68197 -4300 <br />gE) "Note" means the promissory note signed by Borrower and dated J U L Y 16 . 2 0 0 3 The Note states that <br />orrower owes Lender ONE HUNDRED FIFTY E I G H 100 <br />nterest. <br />Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than <br />AUGUST 1. 2033 <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 <br />❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(1) "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 />(ii) 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 (ii) 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 et 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 />(Q) "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 />FIRST NATIONAL BANK OF OMAHA <br />MORTGAGE LOAN DEPARTMENT <br />1620 DODGE STREET STOP 4300 <br />OMAHA, NE 68197 -4300 <br />NEBRASKA — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 (page 1 of 7 pages) <br />3028 NE DOT 1/01 PG1 <br />