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<br />200903471 <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 THOMAS LOCHER, <br />2002 DOUGLAS STREET, OMAHA, NE 68102 <br />(E) "MERS" is Mortgage Electronic Registration SySlems, Inc. MERS is a separale 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 lhe laws of Delaware, and has an address and <br />lelephone number of P.O. Box 2026, Flint, MI 48501-2026, leI. (888) 679-MERS. <br />(F) "Note" means lhe promissory nole signed by Borrower and daled APRIL 24, 2009 <br />The Note stales iliat Borrower owes Lender ONE HUNDRED TEN THOUSAND AND NO/1 0 0 <br />Dollars <br />(U . S. $ 11 0 , 0 0 0 . 0 0 ) plus interest. Borrower has promised La pay lhis debt in regular Periodic <br />Payments and to pay lhe debt in full notlaler lhan MAY 1, 2029 <br />(G) "Property" means lhe property lhat is described below under lhe heading "Transfer of Rights in lhe <br />Property. " <br />(H) "Loan" means lhe debt evidenced by lhe Note, plus interest, any prepayment charges and late charges <br />due under lhe Note, and all sums due under lhis Security Instrument, plus interest. <br />(I) "Riders" means all Riders to lhis Security Instrument lhat are executed by Borrower. The following <br />Riders are to be executed by Borrower [check box as applicablel: <br /> <br />D Adjustable 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 Olher(s) [specify] <br /> <br />(J) "Applicable Law" means all controlling applicable federal, stale and local statules, 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, assessments and other <br />charges that are imposed on Borrower or lhe 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 tape so as to order, instruct, or aulhorize 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 (olher 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 taking of all or any part of the Property; <br />(iii) conveyance in lieu of condemnation; or (iv) misrepresentations 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 />I(t../u <br />Inilials: .J t> w <br /> <br />Page 2 of 15 <br /> <br />Form 3028 1/01 <br />