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200316426 <br />(C) "Lender" is U.S. BANK N.A. <br />Lender is a NATIONAL ASSOCIATION <br />organized and existing under the laws ofTHE UNITED STATES OF AMERICA <br />Lender's address is 4801 FREDERICA STREET, OWENSBORO, KY 42301 <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is MARK HUNZEKER <br />(E) "Note" means the promissorynote signed by Borrower and dated DECEMBER 23, 2003 <br />The Note states that Borrower owes Lender THIRTY EIGHT THOUSAND AND N01100 <br />Dollars <br />(U.S. $ 38,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic <br />Payments and to pay the debt in full not later thaffANUARY 1, 2034 <br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the <br />Property." <br />(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges <br />due under the Note, and all sums due under this Security Instrument, plus interest. <br />(H) "Riders" means all Riders to this Security Instrumentthat are executed by Borrower. The following <br />Riders are to be executed by Borrower [check box as applicable]: <br />0 Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider <br />0 Balloon Rider 0 Planned Unit Development Ride 1 -4 Family Rider <br />0 VA Rider 0 Biweekly Payment Rider EJ Other(s) [specify] <br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, <br />ordinances and administrativerules and orders (that have the effect of law) as well as all applicable final, <br />non - appealable judicial opinions. <br />(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other <br />charges that are imposed on Borrower or the Property by a condominium association, homeowners <br />association or similar organization. <br />(K) "Electronic Funds Transfer" means any transferof funds, other than a transactionoriginatedby check, <br />draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, <br />computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an <br />account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine <br />transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. <br />(L) "Escrow Items" means those items that are describedin Section 3. <br />(M) "Miscellaneous Proceeds" means any compensation,settlement,award of damages, or proceedspaid by <br />any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) <br />damageto, or destructionof, the Property; (ii) condemnationor othertaking of all or any part of the Property; <br />(iii) conveyance in lieu of condemnationor (iv) misrepresentationmf, or omissions as to, the value and /or <br />condition of the Property. <br />(N) "Mortgage Insurance" means insuranceprotectingLenderagainst the nonpaymentof, or default on, the <br />Loan. <br />Initials: <br />Page 2 of 15 Form 3028 1/01 <br />