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<br />DEED OF TRUST MIN:1000162-0005233559-9
<br />DEFINITIONS
<br />Words used in multiple sections ofthis document are defined below and other words are defined in Sections 3,11,13,18, 20
<br />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 August 19th 2010 ,together with
<br />all Riders to this document.
<br />(B) `Borrower" is BRIAN SMIDT and MANDY SMIDT, husband and wife
<br />Borrower is the trustor under this Security Instrument.
<br />(C) "Lender" is First Mortgage Company LLC .Lender
<br />is aLimited Liability Company organized and existing under the laws of the State of Oklahoma
<br />Lender's address is 6501 North Broadwa Ste. 250 Oklahoma Cit , OK 73116
<br />(D) "Trustee" is John Q. Bachman, Attorney at Law
<br />(E) "MFRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a
<br />nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument.
<br />MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026,
<br />Flint, MI 48501-2026, tel, (888) 679-MERS.
<br />(F) "Note" means the promissory note signed by Borrower and dated August 19th 2010 ,The Note
<br />states that Borrower owes Lender Sevent Thousand and 00/100
<br />Dollars (U.S. $ 70,000.00 )plus inrterest. Borrower has promised
<br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2025
<br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
<br />(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the
<br />Note, and all sums due under this Security Instrument, plus interest.
<br />(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be
<br />executed by Borrower [check box as applicable]:
<br />^ Adjustable Rate Rider ^ ^ Second Home Rider
<br />^ Balloon Rider ^ ^ Other(s) [specify]
<br />^ 1-4 Family Rider ^
<br />
<br />Condominium Rider
<br />Planned Unit Development Rider
<br />Biweekly Payment Rider
<br />(J) "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 opinions.
<br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
<br />Imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
<br />(L) "Electronic Funds Transfer" means any transfer offimds, other than a transaction originated bycheck, draft, or similar
<br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or mapiletic tape so as
<br />to order, instruct, or authorize a financial mstitvttion to debit or credit an account. Such term includes, but is not limited to,
<br />paint-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
<br />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 byanythird party
<br />((other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction o ,the
<br />Property; (ii) condemnation or other taking of all or any part of the Property• (iii) conveyance m lieu of condemnation; or
<br />(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
<br />(O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
<br />(F) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii)
<br />any amounts under Section 3 of this Security Instrument.
<br />NEBRASKA-Single 1~amily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 1/01 (page / of8 pages)
<br />12439.CV (lia8) 2200387 Creative Thinking, Inc.
<br />When Recorded Return To: First Mortgage Company LLC
<br />1.1606 Nicholas Street Omaha, NE 68154 GOTO(0049ef2c)
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