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rw— <br />N <br />IN FEDE <br />m <br />W. JEFF <br />cn <br />VA.YNE, <br />(rs^ <br />r 441 <br />,. <br />c <br />CD �� <br />rrrrr� <br />t�'�' <br />J rri C] <br />HI <br />O <br />n n <br />M <br />-n <br />c <br />Z <br />N <br />n <br />7C <br />= <br />21 <br />[Space Above <br />This Line For 1 <br />CD <br />n n <br />Cf <br />CD <br />IT, <br />r— x•. <br />rn <br />f V <br />C�o <br />Cl) <br />C. o <br />)0506929 <br />U) <br />0 <br />tecording Data] <br />DEED OF TRUST Case # 343460168716 <br />Loan ID # 2383037 <br />THIS LOAN IS NOT ASSUMABLE WITHOUT THE <br />APPROVAL OF THE DEPARTMENT OF VETERANS Ms`s <br />AFFAIRS OR ITS AUTHORIZED AGENT. <br />DEFINITIONS <br />Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, <br />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 15th, 2005 , together with all <br />Riders to this document. <br />(B) "Borrower" is FRANK J. KUCERA JR. and THERESA L. KUCERA, HUSBAND AND WIFE <br />. Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is AMERICA'S CHOICE MORTGAGE, INC. <br />Lender is a CORPORATION organized and existing under the <br />laws of GEORGIA Lender's address is 4210 COLUMBIA <br />RD., SUITE 5 -A, MARTINEZ, GA 30907 Lender is the <br />beneficiary under this Security Instrument. <br />(D) "Trustee" is ,0 rRS ACC _CA rc v <br />(E) "Note" means the promissory note signed by Borrower and dated July 15th, 2005 The Note <br />states that Borrower owes Lender Seventy Nine Thousand Two Hundred Sixty Three and no /100- <br />- - - - - - - - - - - - - - - Dollars (U.S. $ 79, 263.00 ) plus interest. Borrower has <br />promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1st, <br />2035 <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 <br />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 to <br />be executed by Borrower [check box as applicable]: <br />lI Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider 117 Other(s) [specify] <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider VA Rider <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 />(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that <br />are imposed on Borrower or the Property by a condominium association, homeowners association or similar <br />organization. <br />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or <br />similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic <br />tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is <br />not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire <br />transfers, and automated clearinghouse 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 <br />party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction <br />of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of <br />condemnation; or (iv) misrepresentations 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 />Initials: ez� 41K <br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 1/ age I of 9 pages) <br />NE1CM1 - 11062000 www.MortgageBankingSystems.com <br />