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20o9o42s~ <br />(C) "Lender" is u . S . SANK , N . A . <br />Lender is a NATIONAL ASSOCIATION <br />organized and existing under the laws of THE tJN'ITED STATES Ole AMERICA <br />Lender's address is 4 8 01 FREDERICA STREET , OWENS808o , KY 4 2 3 O 1 <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. MFRS 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 lnstrument. MERS is organized and existing under the laws of Delaware, and has an address and <br />telephone number of P.O. Sox 2026, Flint, MI 485x1-2D26, tel. (888) 679-MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated MAY 19 , 2 0 0 9 <br />The Note states that Borrower owes Lender EIGHTY THREE THOUSAND FIVE TitJNDRED AND <br />NO/10 0 Dollars <br />(U.S. $ s 3 , 5 0 0 . o o )plus interest. Borrower has promised to pay this debt in regular Periodic <br />Payments and to pay the debt in full not later than JUNE 1, 2 0 3 9 <br />(G) "Property" means the property that is described below under the heading "Transier of Rights in the <br />Property. " <br />(H) "L,oan" 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 lnstrument, plus interest. <br />(I) "Riders" means all Riders to this Security lnstrument that are executed by Borrower. The following <br />Riders are to be executed by Borrower [check box as applicable]: <br />^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider <br />^ Balloon Rider ^ Planned Unit Development Rider ^ 1-4 Family Rider <br />^ VA Rider ^ Biweekly Payment Rider ^ Other(s) [specify] <br />(J) "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 />(K) "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 />(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 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 S) far: (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 />(O) "Mortgage Insurance" means insurance protecting bender against the nonpayment of, or default on, the <br />Loan. <br />~~.~- <br />Inklals: <br />-6A(NE) ~oao».oi Page 2 of 15 Form 3028 1/01 <br />