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N � <br />rri <br />n 0 ., <br />CZ3 <br />.. <br />r <br />co l.■... <br />C7 1 <br />CD <br />9 <br />© <br />DEFINITIONS <br />200508404 <br />[Space Above This Line For Recording Data] <br />rri <br />n 0 ., <br />CZ3 <br />c <br />C7 1 <br />n = <br />© <br />7r <br />tJ1 <br />7' <br />> ` <br />in <br />N <br />M <br />7C = <br />b <br />200508404 <br />[Space Above This Line For Recording Data] <br />DEED OF TRUST MIN: 100416700000552217... <br />'Y° s o <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 25th 2005 together with <br />all Riders to this document. <br />(B) "Borrower" is Keith F Krueger, a single person <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is CharterWest National Bank . Lender <br />is a Corporation organized and existing under the laws of the State of Nebraska <br />Lender's address is 2535 Carleton Avenue Suite C Grand Island, NE 68803 <br />(D) "Trustee" isCharterWest National Bank 201 South Main Street West Point, NE 68788 -028$ <br />(E) "MERS" 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 25th 2005 . The Note <br />states that Borrower owes Lender Seventy Four Thousand One Hundred and 00/100 <br />Dollars (U.S. $74,100.00 _ „_ —) plus interest. Borrower has promised <br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2035 <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 ❑ <br />❑ Balloon Rider ❑ <br />❑ 1 -4 Family Rider ❑ <br />Condominium Rider <br />Planned Unit Development Rider <br />Biweekly Payment Rider <br />❑ Second Home Rider <br />❑ Other(s) [specify] <br />(.n "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 of funds, other than a transaction originated by check, draft, or similar <br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as <br />to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, <br />point -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 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 <br />Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or <br />(iv) misrepresentations of, or omissions as to, the value and /or condition of the Property. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />(P) "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 />(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, <br />Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation <br />or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements <br />NEBRASKA -- Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 1 /01 (page I of pages) <br />12439.CV (10/02) 900093 <br />Return To: <br />CharterWest National Bank Agv_ <br />2535 Carleton Avenue Suite C GOTp(00016e6f) <br />Grand Island, NE 68803 <br />rri <br />CZ3 <br />C7 1 <br />N <br />7' <br />> ` <br />M <br />ry <br />1 <br />CD <br />.:.. <br />o <br />� <br />r t - <br />co <br />v <br />C.3 <br />cf> <br />_X� <br />.. <br />C <br />CD <br />DEED OF TRUST MIN: 100416700000552217... <br />'Y° s o <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 25th 2005 together with <br />all Riders to this document. <br />(B) "Borrower" is Keith F Krueger, a single person <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is CharterWest National Bank . Lender <br />is a Corporation organized and existing under the laws of the State of Nebraska <br />Lender's address is 2535 Carleton Avenue Suite C Grand Island, NE 68803 <br />(D) "Trustee" isCharterWest National Bank 201 South Main Street West Point, NE 68788 -028$ <br />(E) "MERS" 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 25th 2005 . The Note <br />states that Borrower owes Lender Seventy Four Thousand One Hundred and 00/100 <br />Dollars (U.S. $74,100.00 _ „_ —) plus interest. Borrower has promised <br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2035 <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 ❑ <br />❑ Balloon Rider ❑ <br />❑ 1 -4 Family Rider ❑ <br />Condominium Rider <br />Planned Unit Development Rider <br />Biweekly Payment Rider <br />❑ Second Home Rider <br />❑ Other(s) [specify] <br />(.n "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 of funds, other than a transaction originated by check, draft, or similar <br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as <br />to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, <br />point -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 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 <br />Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or <br />(iv) misrepresentations of, or omissions as to, the value and /or condition of the Property. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />(P) "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 />(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, <br />Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation <br />or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements <br />NEBRASKA -- Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 1 /01 (page I of pages) <br />12439.CV (10/02) 900093 <br />Return To: <br />CharterWest National Bank Agv_ <br />2535 Carleton Avenue Suite C GOTp(00016e6f) <br />Grand Island, NE 68803 <br />