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~ ~~ <br />c,Q <br />0 '.~ <br />rn ~ <br />~~ <br />n <br />rr, <br />n <br />after Recording Return To: <br />-HERITAGE BANK <br />1101 12TH STREET <br />AURORA, NEBRASKA 6$$18-0329 <br />Loan Number: 01-1148 <br />DEFINITIONS <br /> <br /> _ ~ <br /> <br /> <br /> <br />Z _ <br />n <br />~ <br />•^a <br />~ <br /> <br />o~ <br />.C <br /> <br />nn N <br />~ <br />-~ a <br /> <br />N , <br />~ ~ ~ ~ r~ <br /> ~ ~ ~ '-'-' ~ m <br /> ~., ~. ~ ~ v <br /> c, ~. rv ~, ~,, O y <br /> -„ .~ ~, ~„. rn <br /> ,. cry <br /> c~ ~;, ~ <br />~ r, ~ <br /> m ~ ~~ rza O ~ <br /> rya ~ ~ t-."' ~ <br /> ~ t" ~ O7 <br /> C/a <br /> '~ w ~ ° ~ <br /> ~ ~ <br /> r~ --- <br /> W ~ t~ <br /> Z <br /> O <br />[Space Above This Line For Recording .Data] <br />DEED OF TRUST <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, <br />13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. <br />(A) "Security Instrument" means this document, which is dated JULY 7.6 , 2 0 0 9 ,together <br />with all Riders to this document. <br />(I3) "Borrower" is NICK S HAPPOLD AND TRACY R HAPPOLD HUSBAND AND WIFE <br />AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is HERITAGE BANK <br />Lender is a NEBRASKA BANKING CORPORATION organized <br />and existing under the laws of NEBRASKA . <br />Lender's address is 1101 12TH STREET, AURORA, NEBRASKA 68818-0329 <br />Lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is TIERONE BANK P.O. BOX $3009 LINCOLN, NE 6$501-3009 <br />(E) "Note" means the promissory note signed by Borrower and dated JULY 15 , 2 0 0 9 <br />The Nate states that Borrower owes Lender ONE HUNDRED ELEVEN THOUSAND ONE <br />HUNDRED ELEVEN AND 0 0 / 10 0 Dollars (U.S. $ 111, 111.0 0 ) <br />plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later <br />than AUGUST 1, 2024 . <br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " <br />(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under <br />the Note, and all sums due under this Security Instrument, plus interest. <br />(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are <br />to be executed by Borrower [check box as applicable]: <br />[] Adjustable Rate Rider ^ Planned Unit Development Rider <br />^ Balloon Rider ^ Biweekly Payment Rider <br />^ 1-4 Family Rider [] Second Home Rider <br />^ Condominium Rider © Other(s) [specify] <br /> MANUFACTURED HOME RIDER, AFFIXATION <br /> AFFIDAVIT <br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and <br />administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial <br />opinions. <br />(.I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges <br />that are imposed on Borrower or the Property by a condominium association, homeowners association or similar <br />organization. <br />1~1, . <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMagiC~rY¢17P~; 800-649-T362 <br />Form 3028 1 /01 Page 1 of 11 www.docmagic.com <br />/~ ~~v <br />~(,/r <br />Nn3D28.dotxml <br />