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<br />200708935 <br /> <br />(C) "Lender" is U. S. BANK N .A. <br /> <br />Lender is a NATIONAL ASSOCIATION <br />organized and existing under the laws of THE UNITED STATES OF AMERICA <br />Lender's address is 4801 FREDERICA STREET, OWENSBORO, KY 42301 <br /> <br />(D) "Trustee" is U. S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, <br />111 SW FIFTH AVENUE, PORTLAND, OR 97204 <br />(E) "MERS" is Mortgage Electronic Registration Systems. Inc. MERS is a separate corporation that is acting <br />solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this <br />Security Instrument. MERS is organized and existing under the laws of Delaware. and has an address and <br />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 OCTOBER 12, 2007 <br />TheNotes~testhatBorrowerowesLender ONE HUNDRED FOURTEEN THOUSAND NINE HUNDRED <br />AND NO/10 0 Dollars <br />(U.S. $ 114,900.00 ) 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, 20 37 <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 Adjus~ble Rate Rider <br />D Balloon Rider <br />D VA Rider <br /> <br />D Condominium Rider <br />D Planned Unit Development Rider <br />D Biweekly Payment Rider <br /> <br />D Second Home Rider <br />D 1-4 Family Rider <br />D Other(s) [specify] <br /> <br />(J) "Applicable Law" means all controlling applicable federal. s~te and local s~tutes. 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 />(K) "Community Association Dues, Fees, and Assessments" means all dues. fees. assessmenl~ 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 check. <br />draft. or similar paper instrument. which is initiated through an electronic terminal. telephonic instrument. <br />computer. or magnetic ~pe 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 />(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 by <br />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 ~king of all or any part of the Property; <br />(iii) conveyance in lieu of condemnation; or (iv) misrepresen~tions of. or omissions as to. the value and/or <br />condition of the Property. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of. or default on. the <br />Loan. <br /> <br />.-6A(NE) (0407).01 <br />@ <br /> <br />Page 2 of 15 <br /> <br />InitiaIS:@ <br /> <br />C~ <br /> <br />Form 3028 1/01 <br />