|
DEFINITIONS
<br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21.
<br />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 N 0 V E M B E R 17 2 0 0 4 , together with all Riders to this
<br />document.
<br />(B) "Borrower" is MARY K R I S T A B U R L I N G AND PHIL BURLING, AS WIFE AND HUSBAND
<br />Borrower Is the trustor under this Security Instrument.
<br />(C) "Lender" is PLATTE VALLEY STATE BANK & TRUST CO . Lender isa
<br />organized and existing under the laws of THE STATE OF
<br />N E B R A S K A Lender's a ress is 2223 SECOND AVE KEARNEY NE 68847
<br />" _ Lender Is the beneficiary under
<br />this Security Instrument.
<br />(D) "Trustee" is FIRST NATIONAL BANK OF OMAHA
<br />1620 DODGE STREET STOP 4300 OMAHA NE 68197 -4300
<br />2E) "Note" means the promissory note signed by Borrower and dated N 0 V E M B E R 17 , 2 0 0 4 . The Note states that
<br />orrower owes Lender ONE HUNDRED SIXTY NINE THOUS M F FV E H U N D R L U A ND NO /100
<br />Borrower has promise to pay t Is e t in regu ar eno Ic ayments and to pay the de t in full not laterthan
<br />0 F C E M R F R 1. 2 0 3 4
<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 the Note, and
<br />all sums due under this Security Instrument, plus interest.
<br />RH) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by
<br />orrower [check box as applicable]:
<br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider
<br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify]
<br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider
<br />(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative
<br />rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions.
<br />(J) "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 />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper
<br />instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order,
<br />instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale
<br />transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
<br />transfers.
<br />(L) "Escrow Items" means those items that are described in Section 3.
<br />M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party
<br />other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property;
<br />ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations
<br />of, or omissions as to, the value and/or condition of the Property.
<br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
<br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any
<br />amounts under Section 3 of this Security Instrument.
<br />2P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation,
<br />egulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or
<br />regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
<br />restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related
<br />mortgage loan" under RESPA.
<br />(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has
<br />assumed Borrower's obligations under the Note and/or this Security Instrument.
<br />AFTER RECORDING RETURN TO:
<br />PLATTE VALLEY STATE BANK & TRUST CO
<br />MORTGAGE LOAN DEPARTMENT
<br />2223 SECOND AVE
<br />KEARNEY, NE 68847
<br />NEBRASKA — Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 (page 1 of 7 pages)
<br />3028 NE DOT 1/01 PG1
<br />U104
<br />7° A
<br />M
<br />Z ^
<br />m
<br />_
<br />rn Y y
<br />!a
<br />_
<br />s
<br />---
<br />c
<br />Qe�i�
<br />17 y
<br />` },}
<br />~
<br />0
<br />--n
<br />0
<br />o
<br />0
<br />�,
<br />_J
<br />-n =
<br />r_
<br />M
<br />M
<br />t
<br />�t
<br />g
<br />"�
<br />v C�
<br />r—
<br />r :a
<br />r
<br />.,
<br />N
<br />Cn
<br />N
<br />Cn
<br />o Z
<br />[Space Above This Line For Recording Data
<br />2
<br />DEED OF TRUST
<br />DEFINITIONS
<br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21.
<br />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 N 0 V E M B E R 17 2 0 0 4 , together with all Riders to this
<br />document.
<br />(B) "Borrower" is MARY K R I S T A B U R L I N G AND PHIL BURLING, AS WIFE AND HUSBAND
<br />Borrower Is the trustor under this Security Instrument.
<br />(C) "Lender" is PLATTE VALLEY STATE BANK & TRUST CO . Lender isa
<br />organized and existing under the laws of THE STATE OF
<br />N E B R A S K A Lender's a ress is 2223 SECOND AVE KEARNEY NE 68847
<br />" _ Lender Is the beneficiary under
<br />this Security Instrument.
<br />(D) "Trustee" is FIRST NATIONAL BANK OF OMAHA
<br />1620 DODGE STREET STOP 4300 OMAHA NE 68197 -4300
<br />2E) "Note" means the promissory note signed by Borrower and dated N 0 V E M B E R 17 , 2 0 0 4 . The Note states that
<br />orrower owes Lender ONE HUNDRED SIXTY NINE THOUS M F FV E H U N D R L U A ND NO /100
<br />Borrower has promise to pay t Is e t in regu ar eno Ic ayments and to pay the de t in full not laterthan
<br />0 F C E M R F R 1. 2 0 3 4
<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 the Note, and
<br />all sums due under this Security Instrument, plus interest.
<br />RH) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by
<br />orrower [check box as applicable]:
<br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider
<br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify]
<br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider
<br />(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative
<br />rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions.
<br />(J) "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 />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper
<br />instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order,
<br />instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale
<br />transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
<br />transfers.
<br />(L) "Escrow Items" means those items that are described in Section 3.
<br />M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party
<br />other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property;
<br />ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations
<br />of, or omissions as to, the value and/or condition of the Property.
<br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
<br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any
<br />amounts under Section 3 of this Security Instrument.
<br />2P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation,
<br />egulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or
<br />regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
<br />restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related
<br />mortgage loan" under RESPA.
<br />(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has
<br />assumed Borrower's obligations under the Note and/or this Security Instrument.
<br />AFTER RECORDING RETURN TO:
<br />PLATTE VALLEY STATE BANK & TRUST CO
<br />MORTGAGE LOAN DEPARTMENT
<br />2223 SECOND AVE
<br />KEARNEY, NE 68847
<br />NEBRASKA — Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 (page 1 of 7 pages)
<br />3028 NE DOT 1/01 PG1
<br />U104
<br />
|