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200807944 (C) ''Lender'' is Union Bank and Trust Company Lender is a COlllm8rcial Bank organized and existing Wider the laws of Nebraska Lender's address is 4243 Pioneer Woods Drive Lincoln NB 68506- (D) ''Trustee'' is union Bank and Trust Company (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules andorders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (K) ''Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) ''Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) ''Escrow Items" means those items that are described in Section 3. (N) ''Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (Hi) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) ''Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. 08-04-000239 CIt-6A(NE) (0407) In~lal.: Paga 2 of 15 Form 3028 1/01