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<br />200509610 <br /> <br />245409442 <br /> <br />(C) "Lender" 1S <br /> <br />CENTEX HOME EQUITY COMPANY, LLC <br />Lender is a A LIMITED LIABILITY COMPANY <br />organized and existing under the laws of THE STATE OF DELAWARE <br />Lender's address is 2828 NORTH HARWOOD <br />DALLAS, TX 75201-1516 <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is <br />MELISSA L. SCHUTT 1627 E. MILITARY AVE. SUITE 20 FREMONT, NE 68025-5~63 <br />(E) "Note" means the promissory note signed by Borrower and dated 9/20/2005 <br />The Note states that Borrower owes Lender <br />FIFTY THOUSAND & 00/100 DollMs <br />(U .S. $ 50 , 000 . 00 ) plus interest. Borrower has promised to pay this debt in regulM Periodic <br />Payments and to pay the debt in full not later than 10/01/2035 <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 Instrumentthat are executed by Borrower. The following <br />Riders arc to be executed by Borrower [check box as applicable]: <br /> <br />[i] Adjustable Rate Rider D Condominium Rider D Second Home Rider <br />D Balloon Rider D Planned Unit Development RideD 1-4 Family Rider <br />D VA Rider D Biweekly Payment Rider [X] Other(s) [specify] <br />LEGAL <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 are imposed on Borrower or the Property by a condominium association, homeowners <br />association or similar organization. <br />(K) "Electronic Funds Transfer" means any transferoffunds, 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" meansthoseitemsthataredescribedin Section 3. <br />(M) "Miscellaneous Proceeds" means any compensation,settIement,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 destructionof, the Property; (ii) condemnationor other taking of all or any part of the Property; <br />(iii) conveyance in lieu of condemnationor (iv) misrepresentatioDl'of, or omissions as to, the value and/or <br />condition of the Property. <br />(N) "Mortgage Insurance" meansinsuranceprotectingLenderagainstthenonpaymentof, or default on, the <br />Loan. <br /> <br />.-6(NE) (0407) <br />@ <br /> <br />"~,. ~ !J <br /> <br />Page 2 of 15 <br /> <br />Form 3028 1/01 <br />