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<br />[Space Above This Line For Recording Data]
<br />DEED OF TRUST
<br />
<br />DEFINITIONS
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<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 D E C E M B E R 1 5, 2 0 0 6 ,together with all Riders to this
<br />document.
<br />(B) "Borrower" is CHARLES A CUMMINGS AND HEATHER M CUMMINGS, AS HUSBAND AND WIFE
<br />
<br />(C) "lender" is
<br />NFflRASKA
<br />
<br />. Borrower IS the trustor under thiS Security Instrument.
<br />P L A T T E 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 SFCONO AVF KFARNFY NF 68847
<br />. Lender is the beneficiary under
<br />
<br />thiS Security Instrument.
<br />
<br />(D) "Trustee" is P L A T T E V ALL E Y S TAT E BAN K & T R U S T CO.
<br />
<br />(E) "Note" means the promissory note signed by Borrower and dated DEe E M B E R 1 5, 2 0 0 6 . The Note states that
<br />Borrower owes Lender 0 N E HUN D RED T WEN T Y THO USA N DAN D N 0 / 1 0 0
<br />Dollars (U.S. $ 1 2 0 , 0 0 0 . 0 0 ) plus interest.
<br />Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than ,J A N 1I A R Y 1
<br />2 0 3 7 .
<br />
<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 Security Instrument, plus interest.
<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 />D Adjustable Rate Rider
<br />D Balloon Rider
<br />D 1.4 Family Rider
<br />
<br />D Condominium Rider
<br />D Planned Unit Development Rider
<br />I]] VA Rider
<br />
<br />D Second Home Rider
<br />D Other(s) [specify] _
<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 />(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 />oUler than insurance roceeds paid under the coverages described in Section 5) for: (i) dama e to, or destruction of, the Property;
<br />ii) condemnation or ot~er taking of all or any part of the Property; (iii) conveyance in lieu of con~emnation; or (iv) misrepresentations
<br />of, or omissions as to, the value and/or condition of the Property.
<br />
<br />(N) "Mortgage Insurance" means insurance protecting Lender against 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. ~ 2601 et seq.) and its implementing regulation,
<br />Regulation X (24 CF 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 />THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT
<br />OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT.
<br />AFTER RECORDING RETURN TO:
<br />PLATTE VALLEY STATE BANK & TRUST CO
<br />MORTGAGE LOAN DEPARTMENT
<br />2 2 2 3 SEe 0 N D A V E
<br />K EAR N E y, N E 6 8 847
<br />
<br />NEBRASKA-8ingle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />
<br />Form 3028 1101 (page 1 017 peg",,>
<br />
<br />V A NE DOT 3028 01/01 PGl
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