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<br />"'" WfffiN RECORDED, MAIL TO:
<br />Exchange Bank
<br />1204 Allen Drive, PO Box 5793
<br />Grand Island, NEBRASKA 68802
<br />
<br />This Instrument was prepared by:
<br />Exchange Bank
<br />1204 Allen Drive, PO Box 5793
<br />Grand Island, NEBRASKA 68802
<br />308-382-2900
<br />
<br />Loan Number: 205109
<br />Order Number: 05-6864
<br />
<br />(Space Above This Line For Recording Data)
<br />
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<br />
<br />DEED OF TRUST
<br />
<br />DEFINITIONS
<br />
<br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21.
<br />Certain rules regarding the usage of words used in this document are also provided in Section 16.
<br />
<br />(A) "Security Instrument" means this document, which is dated October 3,2005, together with all Riders to this document.
<br />
<br />(B) "Borrower" is ROGER A. HEFFELFINGER and RHONDA J. HEFFELFINGER, husband and wife. Borrower is the trustor under
<br />this Security Instrument.
<br />
<br />(C) "Lender" is Exchange Bank, organized and existing under the laws of the United States of America.
<br />Lender's address is 1204 Allen Drive, PO Box 5793, Grand Island, NEBRASKA 68802. Lender is the beneficiary under this Security
<br />Instrument.
<br />
<br />(D) "Trustee" is Central National Bank.
<br />Trustee's address is PO Box 268, Superior, Nuckolls County NEBRASKA 68978.
<br />
<br />(E) "Note" means the promissory note signed by Borrower and dated October 3,2005. The Note states that Borrower owes Lender TWO
<br />HUNDRED TWENTY -FIVE THOUSAND and no/l 00 Dollars (U.S. $225,000.00) plus interest. Borrower has promised to pay this debt
<br />in regular Periodic Payments and to pay the debt in full not later than November I, 2035.
<br />
<br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
<br />
<br />(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums
<br />due under this Security Instrument, plus interest.
<br />
<br />(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by
<br />Borrower (check box as applicable):
<br />D Adjustable Rate Rider
<br />D Balloon Rider
<br />D 1-4 Family Rider
<br />D Other (Speci1)t) -
<br />
<br />D
<br />~
<br />D
<br />
<br />Condominium Rider
<br />Planned Unit Development Rider
<br />Biweekly Payment Rider
<br />
<br />D
<br />D
<br />
<br />Second Home Rider
<br />VA Rider
<br />
<br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and
<br />orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
<br />
<br />(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on
<br />Borrower or the Property by a condominium association, homeowners association or similar organization.
<br />
<br />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper
<br />instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or
<br />authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated
<br />teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
<br />
<br />(L) "Escrow Items" means those items that are described in Section 3.
<br />
<br />(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than
<br />insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or
<br />other taking of all or any part ofthe Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
<br />value and/or condition of the Property.
<br />
<br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
<br />
<br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts
<br />under Section 3 of this Security Instrument.
<br />
<br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. ~ 2601 el seq.) and its implementing regulation, Regulation X
<br />(24 C.P.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the
<br />same subject matter. As used in this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard to a
<br />"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
<br />
<br />(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed
<br />Borrower's obligations under the Note and/or this Security Instrument.
<br />
<br />IDS, Inc. - (800) 554-1872
<br />
<br />Borrower(s) Initials
<br />
<br />
<br />arm 3~J1
<br />
<br />NEBRASKA -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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