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<br />200700878 <br /> <br />(C) ''Lender'' is Bank of the West, A California Corporation <br /> <br />Lender is a corporation <br />organized and existing under the laws of The State of California <br />Lender's address is 450 Regency Pkwy, NE-REG-01-A, Omaha, NE 68114 <br /> <br />(D) "Trustee" is Bank of the West, A California Corporation <br /> <br />(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is <br />acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary <br />under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an <br />address and telephone number ofP.a. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated January 29, 2007 <br />The Note states that Borrower owes Lender One Hundred Forty Seven Thousand Nine <br />Hundred And Zero/l00 Dollars <br />(U. S. $ 147, 900 . 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 February 01, 2037 <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the <br />Property. " <br />(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges <br />due under the 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 <br />Riders are to be executed by Borrower [check box as applicable]: <br /> <br />D Adjustable Rate Rider <br />D Balloon Rider <br />D VA Rider <br /> <br />D Condominium Rider D Second Home Rider <br />D Planned Unit Development Rider D 1-4 Family Rider <br />D Biweekly Payment Rider D Other(s) [specify] <br /> <br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, <br />ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, <br />non-appealable judicial opinions. <br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other <br />charges that are imposed on Borrower or the Property by a condominium association, homeowners <br />association or similar organization. <br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by <br />check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic <br />instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit <br />or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller <br />machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />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 <br />by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) <br />damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the <br />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 />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, <br />the Loan. <br />8800184803 <br /> <br />PIg. 2 of 15 <br /> <br />Inltllle: .r: 0 J1/\ <br /> <br />ICLH <br /> <br />8800184803 <br /> <br />.-6A(NE) (0.07).01 <br />~ <br /> <br />Form 3028 1/01 <br />