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;a n <br />�.� C M <br />Z <br />N j r11 Cn .. <br />a) <br />Ul <br />q <br />N� <br />6 4 1 5 4 8 1 2 8 [Space Above This Line For Recording <br />DEED OF TRUST <br />DEFINITIONS <br />rn <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 J U L Y 2 5 , 2 0 0 5 together with all Riders to this <br />document. <br />(B) "Borrower" is FRANCISCO J ALVAREZ AND MARIA SOCORRO RODRIGUEZ, AS HUSBAND AND WIFE <br />Borrower Is the trustor under t is ecurity 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 />NEBRASKA Lender's address is 2223 SECOND AVE. KEARNEY. NF 68847 <br />Lender is the beneficiary un er <br />this Security Instrument. <br />(D) "Trustee" is PLATTE VALLEY STATE BANK & TRUST CO. <br />2223 SECOND AVENUE. KEARNEY. NE 68847 <br />2E) "Note" means the promissory note signed by Borrower and dated J U L Y 2 5 , 2 0 0 5 The Note states that <br />orrower owes Lender SIXTY ONE THOUSAND SIX H U N D R E D T W E N T Y A N D N 0 /100 <br />Dollars U.S. ) plus interest. <br />Borrower has promisea to pay this debt in regular Periodic ayments and to pay the debt In full not later than <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 />2H) "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 f=amily 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 />C "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq. and its implementing regulation, <br />gulation 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 MSS <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 />C; <br />C> -1 <br />C-. )> <br />N <br />CD <br />cn <br />�. <br />_ <br />L+ <br />r✓ <br />l� <br />Z <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 J U L Y 2 5 , 2 0 0 5 together with all Riders to this <br />document. <br />(B) "Borrower" is FRANCISCO J ALVAREZ AND MARIA SOCORRO RODRIGUEZ, AS HUSBAND AND WIFE <br />Borrower Is the trustor under t is ecurity 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 />NEBRASKA Lender's address is 2223 SECOND AVE. KEARNEY. NF 68847 <br />Lender is the beneficiary un er <br />this Security Instrument. <br />(D) "Trustee" is PLATTE VALLEY STATE BANK & TRUST CO. <br />2223 SECOND AVENUE. KEARNEY. NE 68847 <br />2E) "Note" means the promissory note signed by Borrower and dated J U L Y 2 5 , 2 0 0 5 The Note states that <br />orrower owes Lender SIXTY ONE THOUSAND SIX H U N D R E D T W E N T Y A N D N 0 /100 <br />Dollars U.S. ) plus interest. <br />Borrower has promisea to pay this debt in regular Periodic ayments and to pay the debt In full not later than <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 />2H) "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 f=amily 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 />C "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq. and its implementing regulation, <br />gulation 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 MSS <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 />