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Box 69 <br />York, NE 68467 <br /> <br />[Space Above This line For Recording Data] <br /> <br />DEED OF TRUST <br /> <br />~ <br /> <br />-' <br />C? <br /> <br />C.-> <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 December 22, 2006, together with all Riders to this document. <br />(B) "Borrower" is D Robert Mcintyre and Gerri l Mcintyre; Husband and Wife. Borrower is the trustor under this Security Instrument. <br />(e) "lender" is CORNERSTONE BANK. lender is a Corporation organized and existing under the laws of Nebraska. lender's address is <br />Main Bank Facility, 529 Lincoln Avenue, P.O. Box 69, York, NE 68467. lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is TIERONE BANK. <br />(E) "Note" means the promissory note signed by Borrower and dated December 22, 2006. The Note states that Borrower owes Lender <br />Seventy-two Thousand & 00/1 00 Dollars (U.S. $72,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic <br />Payments and to pay the debt in full not later than January 1, 2037. <br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br />(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all <br />sums due under this Security Instrument, plus interest. <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 />~ Adjustable Rate Rider <br />D Balloon Rider <br />o 1-4 Family Rider <br /> <br />~ Condominium Rider <br />D Planned Unit Development Rider <br />o Biweekly Payment Rider <br /> <br />~ Second Home Rider <br />o Other(s) [specify] ~ <br /> <br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and <br />orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. <br />(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on <br />Borrower or the Property by a condominium association, homeowners association or similar organization. <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, instruct, or <br />authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated <br />teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. <br />(L) "Escrow Items" means those items that are described in Section 3. <br />(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than <br />insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or <br />other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the <br />value and/or condition of the Property. <br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts <br />under Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. ~ 2601 et seq.) and its implementing regulation, Regulation X <br />(24 C.F.R. Part 3500). as they might be amended from time to time, or any additional or successor legislation or regulation that governs <br />the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in <br />regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. <br />(a) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed <br />Borrower's obligations under the Note and/or this Security Instrument. <br /> <br />TRANSFER OF RIGHTS IN THE PROPERTY <br /> <br />This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and <br />(ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower <br />irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Hall: <br /> <br />Real Property tax identification number is 4QQ~!H~Je~._" <br />Unit Eight (8), Garage Eight (8), Middletown Condominiums, to the City of Grand Island, Hall County, Nebreska <br /> <br />which currently has the address of 411 S Madison, Grand Island, Nebraska 68801 ("Property Address"): <br /> <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now <br />or 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." <br /> <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Page 1 of 6 <br /> <br />Form 3028 1/01 <br />