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<br /> ~ Q~C: :'0,..",. I <br /> (;:;....). OlfJ <br /> "'TI m CI'I c::::> C> <br /> p c: n::t "-..." -.;I o --l <br /> Z cl> f'V <br /> ~~ :;l'l; """'-'"'\ =:3 z--l <br /> ,. C t, ~ ~" = ~rn <br /> W rn "t- ;;:;0 -<0 0 i}r <br /> "-J, <br /> 0(1) . I ~{'- ~ 0" c::::> <br /> ~:c o"~ .....r::: "z - <br />I\.) \ ""ll --.J . 1 <br />CSl d- ::r: PI <br />CSl 0 " J> O:J a <br />-..J m \.\ 'j -0 <br /> r'T'~ ::3 r ::;0 <br />S c:' ~ r:r> ~ <br />-->. U, ~ <:n <br />to W ::><: c.D <br />I\.) \' l> f"V <br />Ol W -- <br /> ~ <br /> .....r::: (j') c..n <br /> (/) <br /> [Space Above This Line For Recording Data] <br /> ~ <br /> DEED OF TRUST ~~ <br /> DEFINITIONS <br /> . -' <br /> <br /> <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 <br />document. <br />(B) "Borrower" is MAR K A GAR T N ERA N D LOR 1 <br /> <br />MARCH 13. <br /> <br />2 0 0 7 <br /> <br />, together with all Riders to this <br /> <br />E GARTNER, <br /> <br />ASH U S BAN 0 AND W I F E <br /> <br />(C) "lender" is <br />NFBRASKA <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~, SECOND AVE, KEARNEY. NE 68847 <br />Lender is the beneficiary under <br /> <br />this Security Instrument. <br /> <br />(0) "Trustee" is U S BAN K T R U S TeD M PAN Y. N A T ION A LAS S 0 CIA T ION <br />1 ]] S W F 1FT H A V E N U E. P 0 R T LAN D. 0 R 9 7 ? 0 4 <br /> <br />- <br />(E) "Note" means the promissory note signed by Borrower and dated MAR CHi 3. 2007 . The Note states that <br />Borrower owes Lender 0 N E HUN 0 RED T WEN T Y THO USA N DAN D NO! 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 <br />A P R ILl. 2 0 3 7 <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 />o Adjustable Rate Rider <br />o Balloon Rider <br />01-4 Family Rider <br /> <br />D Condominium Rider <br />D Planned Unit Development Rider <br />D Biweekly Payment Rider <br /> <br />o Second Home Rider <br /> <br />[]I Other(s) [speoify] 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 />(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 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 ~~2 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 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 />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 />~,-,~ <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddia Mae UNIFORM INSTRUMENT <br />3028 NE DOT 1/01 P01 <br />