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DEeEi:rt)rT~tJ~d to the address. <br /> <br />.3:-,'. <br />~k- <br />, 9, <br />o <br /> <br />DEFINITIONS <br /> <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 /> <br />(A) "Security Instrument" means this document, which is dated J A N U A R Y 1 1, 2 0 0 6 ,together with all Riders to this <br />document. <br />(B)"Borrower"is RYAN KIRSCHNER, A SINGLE PERSON <br /> <br />P L A T TE <br /> <br />. Borrower is the trustor under this Security Instrument. <br />V ALL E Y S TAT E BAN K & T R U S T CO. Lender is a <br />organized and existing under the laws of THF STATF OF <br />Lender's address is ???3 SECOND AVF KEARNFY NE 6RR47 <br />. Lender is the beneficiary under <br /> <br />(C) "lender" is <br /> <br />NEBRASKA <br /> <br />this Security Instrument. <br /> <br />(D) "Trustee" is U S BAN K T R U S T COM PAN y, N A T ION A LAS S 0 C I A T ION <br />111 SW FIFTH AVENlIF, PORTlAND. OR 97?04 <br /> <br />- <br />(E) "Note" means the promissory note signed by Borrower and dated J A N U A R Y 1 1, 20 06 <br />Borrower owes Lender T H I R T Y S EVE NTH 0 ~A NON 0 / 1 0 0 <br />Dollars (U.S. $ 3 7 , 0 0 0 . 0 0 <br />Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt In full not later than <br />FEBRUARY 1. ?036 <br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br /> <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 Securiiy instrument, plus intere::;t. <br /> <br />(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by <br />Borrower [check box as applicable]: <br /> <br />o Adjustable Rate Rider <br /> <br />The Note states that <br /> <br />plus interest. <br /> <br />o Condominium Rider <br /> <br />o Second Home Rider <br /> <br />o Balloon Rider <br />01-4 Family Rider <br /> <br />o Planned Unit Development Rider <br />o Biweekly Payment Rider <br /> <br />[]I Other(s) [specify] N I F A FOR M E - 3 <br /> <br />(I) "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 /> <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 /> <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 /> <br />(l) "Escrow Items" means those items that are described in Section 3. <br /> <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 oi the Property. <br /> <br />(N) "Mortgage Insurance" means insurance protecting Lender a~Jainst the nonpayment of, or default on, the Loan. <br /> <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 /> <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.s.C. S 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 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 /> <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 /> <br />AFTER RECORDING RETURN TO: <br />PLATTE VALLEY STATE BANK & TRUST CO <br />M 0 R T GAG E LOA N 0 E PAR T MEN T <br />2 2 2 3 S E CON D A V E <br />K EAR N E Y. N E 6 8 847 <br /> <br />NEBRASKA-Single F~mily--F~nnle M..elFr8ddie M~c UNIFORM INSTRUMENT <br />3028 NE DOT 1/01 PO, <br /> <br />Form 3028 1/01 (p~ge 1 of 7 p~ges) <br /> <br />~~ <br />, <br />J <br />