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( "Borrower "). The trustee is U.S. Trust Company, National Association <br />( "Trustee ") , and the beneficiary. Mortgage Electronic Registration Systems, Inc. ( "MERS "), which is acting solely as nominee for Lender (as <br />hereinafter defined) and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware, and has an address and <br />telephone number of PO Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS. <br />CharterWest National Bank <br />which is organized and existing under the laws of the United States of America , and whose address is 2535 Carleton Avenue <br />Suite C Grand Island, NE 68803 ("Lender"). Borrower owes <br />Lender the principal sum of Sixty Six Thousand Three Hundred and 00 /100 <br />Dollars (U.S. $ 66,300.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "), which <br />provides for monthly payments with the full debt, if not paid earlier, due and payable on September 01, 2035 . This Security <br />Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; <br />(b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the <br />performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby <br />mortgage, grant and convey to Trustee with power of sale, the following described property located in Hall County: <br />Lot Twenty Two (22), Block Two (2), in Sothman's Subdivision in the City of Grand Island, Hall County, Nebraska <br />which has the address of 1119 S Lincoln Ave <br />Grand Island <br />[Street] [City) Address "); <br />Nebraska 68801 <br />[ State ] [Zip Code] <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or <br />hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is <br />referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests <br />granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's <br />successors and assigns) has the right to exercise any or all those interests, including, but not limited to, the right to foreclose and sell the <br />Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and <br />convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally <br />the title to the Property against all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by <br />jurisdiction to constitute a uniform security instrument covering real property. <br />Borrower and Lender covenant and agree as follows: <br />UNIFORM COVENANTS, <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced <br />by the Note and late charges due under the Note. <br />2. Monthly payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the <br />principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the <br />Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under Paragraph 4. In any year in <br />which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ( "Secretary "), or in any year in <br />which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a <br />sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance <br />premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly <br />charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." <br />16256.CV (12/04) 900137 Page 1 of 5 <br />Return To: C,,-- , L, ,4_ <br />CharterWest National Bank GOTO(00014c65) <br />2535 Carleton Avenue Suite C <br />Grand Island, NE 68803 <br />r <br />Z <br />IM <br />S i- <br />_ <br />Cn <br />�r <br />6 <br />rV <br />Ct� <br />rh <br />C.0 CID <br />r\3 <br />W <br />[Space Above This Line <br />for Recording Data] <br />MIN: 100416700000665019 <br />FHA Case No. <br />State <br />of Nebraska <br />DEED OF <br />TRUST <br />321-2412463-703 <br />THIS DEED OF TRUST <br />( "Security Instrument ") is made on _ <br />August 12th <br />1 2005 <br />The trustor is Brissa Esparza <br />Guerrero a single <br />person and <br />Paul a Guerrero <br />Munoz , a s n9 e person ;: <br />a <br />( "Borrower "). The trustee is U.S. Trust Company, National Association <br />( "Trustee ") , and the beneficiary. Mortgage Electronic Registration Systems, Inc. ( "MERS "), which is acting solely as nominee for Lender (as <br />hereinafter defined) and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware, and has an address and <br />telephone number of PO Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS. <br />CharterWest National Bank <br />which is organized and existing under the laws of the United States of America , and whose address is 2535 Carleton Avenue <br />Suite C Grand Island, NE 68803 ("Lender"). Borrower owes <br />Lender the principal sum of Sixty Six Thousand Three Hundred and 00 /100 <br />Dollars (U.S. $ 66,300.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "), which <br />provides for monthly payments with the full debt, if not paid earlier, due and payable on September 01, 2035 . This Security <br />Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; <br />(b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the <br />performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby <br />mortgage, grant and convey to Trustee with power of sale, the following described property located in Hall County: <br />Lot Twenty Two (22), Block Two (2), in Sothman's Subdivision in the City of Grand Island, Hall County, Nebraska <br />which has the address of 1119 S Lincoln Ave <br />Grand Island <br />[Street] [City) Address "); <br />Nebraska 68801 <br />[ State ] [Zip Code] <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or <br />hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is <br />referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests <br />granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's <br />successors and assigns) has the right to exercise any or all those interests, including, but not limited to, the right to foreclose and sell the <br />Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and <br />convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally <br />the title to the Property against all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by <br />jurisdiction to constitute a uniform security instrument covering real property. <br />Borrower and Lender covenant and agree as follows: <br />UNIFORM COVENANTS, <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced <br />by the Note and late charges due under the Note. <br />2. Monthly payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the <br />principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the <br />Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under Paragraph 4. In any year in <br />which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ( "Secretary "), or in any year in <br />which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a <br />sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance <br />premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly <br />charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." <br />16256.CV (12/04) 900137 Page 1 of 5 <br />Return To: C,,-- , L, ,4_ <br />CharterWest National Bank GOTO(00014c65) <br />2535 Carleton Avenue Suite C <br />Grand Island, NE 68803 <br />