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<br />200708870 <br /> <br />(C) "Lender" is Union Bank and Trus t Company <br /> <br />Lender is a Commercial Bank <br />organized and existing under the laws of Nebraska <br />Lender's address is 4243 Pioneer Woods Drive Lincoln NB 68506- <br /> <br />(D) "Trustee" is union Bank and Trust Company <br /> <br />(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is <br />acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary <br />under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an <br />address and telephone number of P.O. Box 2026, Flint, MI 48501~2026, tel. (888) 679~MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated Oc tober 05, 2007 <br />The Note states that Borrower owes Lender FORTY SIX THOUSAND NINE HUNDRED SEVENTY <br />AND 00/100 Dollars <br />(U. S. $ 46, 970 . 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic <br />Payments and to pay the debt in full not later than November 1., 2037 <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the <br />Property. " <br />(H) "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 />(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following <br />Riders are to be executed by Borrower [check box as applicable]: <br /> <br />D Adjustable Rate Rider <br />D Balloon Rider <br />D VA Rider <br /> <br />D Condominium Rider D Second Home Rider <br />D Planned Unit Development Rider 0 1 ~4 Family Rider <br />D Biweekly Payment Rider D Other(s) [specify] <br /> <br />(J) "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 fmal, <br />non~appealable judicial opinions. <br />(K) "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 />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by <br />check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic <br />instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit <br />or credit an account. Such term includes, but is not limited to, point~of~sale transfers, automated teller <br />machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />transfers. <br />(M) "Escrow Items" means those items that are described in Section 3. <br />(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid <br />by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) <br />damage to, or destruction of, the Property; (ii) condemnation or other taldng of all or any part of the <br />Property; (Hi) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the <br />value and/or condition of the Property. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, <br />the Loan. <br /> <br />fIl-6A{NEI (0407) <br /> <br />Page 2 of 16 <br /> <br />Initial.: 5 12,- , <br /> <br />~ <br /> <br />07.09-000005 <br /> <br />Form 3028 1/01 <br />