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<br />[Space Above This Line For Recording Data]
<br />DEED OF TRUST MIN: 100416700000754557
<br />© NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE
<br />z APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS,
<br />OR ITS AUTHORIZED AGENT.
<br />DEFINITIONS
<br />y
<br />y Words used in multiple sections ofthis document are defined below and other words are defined in Sections 3,11,1.3,18, 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 Frank W Tolson and Vicki L Tolson, husband and wife
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<br />Vi
<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 -0288
<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 One Hundred Seventeen Thousand Four Hundred Fifty and 00 /100
<br />Dollars (U.S. $117,450.00 ) 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 ❑ Condominium Rider
<br />❑ Balloon Rider ❑ Planned Unit Development Rider
<br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider
<br />❑ Second Home Rider
<br />® Other(s) [specify] VA Rider
<br />(J) "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 Mae UNIFORM IN9rRUMENT (MERS) Form 3028 1/01 (page I of 8 pages)
<br />12439.CV (10/02) 900169
<br />Return To: J
<br />CharterWest National Bank
<br />2535 Carleton Avenue Suite C GoTO(0001UO)
<br />Grand Island, NE 68803
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<br />[Space Above This Line For Recording Data]
<br />DEED OF TRUST MIN: 100416700000754557
<br />© NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE
<br />z APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS,
<br />OR ITS AUTHORIZED AGENT.
<br />DEFINITIONS
<br />y
<br />y Words used in multiple sections ofthis document are defined below and other words are defined in Sections 3,11,1.3,18, 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 Frank W Tolson and Vicki L Tolson, husband and wife
<br />rn
<br />Vi
<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 -0288
<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 One Hundred Seventeen Thousand Four Hundred Fifty and 00 /100
<br />Dollars (U.S. $117,450.00 ) 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 ❑ Condominium Rider
<br />❑ Balloon Rider ❑ Planned Unit Development Rider
<br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider
<br />❑ Second Home Rider
<br />® Other(s) [specify] VA Rider
<br />(J) "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 Mae UNIFORM IN9rRUMENT (MERS) Form 3028 1/01 (page I of 8 pages)
<br />12439.CV (10/02) 900169
<br />Return To: J
<br />CharterWest National Bank
<br />2535 Carleton Avenue Suite C GoTO(0001UO)
<br />Grand Island, NE 68803
<br />
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