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<br />200510775
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<br />DOC ID #: 00011276898909005
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<br />(D) "Trustee" is
<br />FIDELITY NATIONAL TITLE INSURANCE COMPANY
<br />PO BOX 32695, PHOENIX, NE 85064
<br />(E) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 26, 2005 The
<br />Note states that Borrower owes Lender
<br />FIFTY NINE THOUSAND ONE HUNDRED and 00/100
<br />
<br />Dollars (U .S. $ 59, 100 . 00 ) plus interest. Borrower has promised to pay this debt in regular
<br />Periodic Payments and to pay the debt in full not later than OCTOBER 01, 2035
<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 Instrument that arc executed by Borrower. The following
<br />Riders are to be executed by Borrower l check box as applicable 1:
<br />
<br />D Adjustable Rate Rider
<br />D Balloon Rider
<br />D VA Rider
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<br />[] Condominium Rider
<br />D Planned Unit Development Rider
<br />D Biweekly Payment Rider
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<br />D Second Home Rider
<br />D 1-4 Family Rider
<br />D Other(s) [specify)
<br />
<br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
<br />ordinances and administrative rules 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 arc imposed on Borrower or the Property by a condominium association, homeowners association
<br />or similar organization.
<br />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by 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 arc described in Section 3.
<br />(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
<br />any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
<br />to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)
<br />conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
<br />condition of the Property.
<br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
<br />Loan.
<br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
<br />Note, plus (ii) any amounts under Section 3 ofthis Security Instrument.
<br />(P) "RESPA" means the Real Estatc Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
<br />implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or
<br />any additional or successor legislation or regulation that governs the same subjcet matter. As used in this
<br />Security Instrument, "RESPA" refers to all requirements and restrictions that arc imposed in regard to a
<br />"federally related mortgage loan" even if the Loan does not qualify as a "fcderally relatcd mortgage loan"
<br />under RESPA.
<br />(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
<br />that party has assumed Borrower's obligations under the Note and/or this Sceurity Instrument.
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<br />TRANSFER OF RIGHTS IN THE PROPERTY
<br />This Security Instrument secures to Lender: (i) the repayment of thc Loan, and all renewals, extensions and
<br />modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
<br />Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustce, in
<br />trust, with power of sale, the following described property located in the
<br />COUNTY of HALL
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<br />[Type of Rccording Jurisdiction]
<br />
<br />[Name of Recording Jurisdiction]
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<br />~ .6(NE) (0407)
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<br />CHL (08/04)
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<br />Page 2 of 11
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<br />InitiaIS:~
<br />Form 3028 1/01
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