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DEED OF TRUST <br />DEFINITIONS <br />200310839 7 <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20. <br />and 21. 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 ....................... 08 ;15.2003, , . . . . .. . . , .......... , ..... , together <br />with all Riders to this document. <br />(B) "Borrower" is Dustiq R: Kennyr.A Single. Person ....................................................... ............................... <br />................................... ............................... <br />Borrower is the trustor under this Security Instrument <br />(C) "Lender" is .Herita.ge. Bank <br />Lender is a . CArRPE000 ............................................................ ............................... organized and existing under <br />the laws of .the stata.4f.NOTAOa ......................................... . Lender's address is .1333, North Webb Road, P ;O;,Box,5138 <br />Grand.Island,.lUE. 68802 ................................................................... ............................... . <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is Tlerolle.Bank <br />(E) "Note" means the promissory note signed by Borrower and dated 00:1.W90.3 . ........ . ................ . .... . ....... . . . . ..... The <br />Note states that Borrower owes Lender flftV. eight. thAUS. a4da11d. 4Ul. l0A ...................................... ............................... <br />................... ............................... Dollars (U.S. $ 58,000;00 .... , .. , ........ , ....) plus interest. Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than ..................... 09.•.Q 1:203.3 ................... <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 late charges due under the Note, <br />and all sums due under this Security Instrument, plus interest. <br />(1D "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 Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] ....................... <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(n "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 opinions. <br />(.n "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 <br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to <br />order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, <br />point -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; (ii) 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" 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 <br />related 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 />Form 3028 1/01 <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT IIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIII <br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 8/1712000 " <br />ref: 1 /2001 (page 1 of 7pages) J B 2 A 0 <br />M ^ ^ <br />X—C <br />r� <br />rn <br />Z n l <br />o�+ <br />o <br />` <br />+'n D <br />_ <br />-, <br />CD <br />.. <br />n CA <br />c, <br />o <br />o. <br />`� <br />co <br />00 <br />T1 <br />C <br />c,J <br />N <br />CD <br />*S. <br />rn <br />—p <br />D a <br />t~—► <br />Cn <br />r *1 <br />cn <br />A <br />CI <br />co <br />l� <br />T} <br />C-) <br />CD <br />C n <br />Cf) <br />Z <br />O <br />[Space Above This Line For Recording Data] <br />DEED OF TRUST <br />DEFINITIONS <br />200310839 7 <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20. <br />and 21. 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 ....................... 08 ;15.2003, , . . . . .. . . , .......... , ..... , together <br />with all Riders to this document. <br />(B) "Borrower" is Dustiq R: Kennyr.A Single. Person ....................................................... ............................... <br />................................... ............................... <br />Borrower is the trustor under this Security Instrument <br />(C) "Lender" is .Herita.ge. Bank <br />Lender is a . CArRPE000 ............................................................ ............................... organized and existing under <br />the laws of .the stata.4f.NOTAOa ......................................... . Lender's address is .1333, North Webb Road, P ;O;,Box,5138 <br />Grand.Island,.lUE. 68802 ................................................................... ............................... . <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is Tlerolle.Bank <br />(E) "Note" means the promissory note signed by Borrower and dated 00:1.W90.3 . ........ . ................ . .... . ....... . . . . ..... The <br />Note states that Borrower owes Lender flftV. eight. thAUS. a4da11d. 4Ul. l0A ...................................... ............................... <br />................... ............................... Dollars (U.S. $ 58,000;00 .... , .. , ........ , ....) plus interest. Borrower has promised to <br />pay this debt in regular Periodic Payments and to pay the debt in full not later than ..................... 09.•.Q 1:203.3 ................... <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 late charges due under the Note, <br />and all sums due under this Security Instrument, plus interest. <br />(1D "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 Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] ....................... <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(n "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 opinions. <br />(.n "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 <br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to <br />order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, <br />point -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; (ii) 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" 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 <br />related 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 />Form 3028 1/01 <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT IIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIII <br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 8/1712000 " <br />ref: 1 /2001 (page 1 of 7pages) J B 2 A 0 <br />