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<br />,. <br /> <br />200709078 <br /> <br />(C) "Lender" is Bank of the West, A California corporation <br /> <br />Lender is a oorporation <br />organized and existing wlder 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 tilat is <br />acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficial")' <br />under this Secmity InstIlIment. MERS is orgilllized and existing under the laws of Delaware, and has an <br />address and telephone number ofP.Q. Box 2026, Flint, Ml 48501-2026, tel. (888) 679-MERS. <br />(F) "Note" means tile promissory note signed by Borrower and dated August 08, 2007 <br />The Note states tilat Borrower owes Lender Eighty Thousand And Zero/100 <br />Dollars <br />(U. S. $ 80, 000 . 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic <br />Payments and to pay tile debt in full not later tllilll September 01, 2037 <br />(G) "Pl"Ollel1y" meilllS tile property that is described below WIder Ule heading "Trilllsfer of Rights in the <br />Property. " <br />(ll) "Loan" means the debt evidenced by the Note, plus interest, illly prepayment charges illld late charges <br />due under tile Note, and all sums due WIder Uds Security Instrwnent, plus interest. <br />(I) "Ridel"S" means all Riders to this Security lnstrwnent tllat are executed by Borrower. The following <br />Riders are to be executed by Borrower [check box as applicable]: <br /> <br />[i] Adjustable Rate Rider <br />D Balloon Rider <br />DVARider <br /> <br />[i] Condominiwll Rider D Second Home Rider <br />D Plillmed Unit Development Rider D 1-4 Fillllily Rider <br />D Biweekly Payment Rider D OUler(s) [specif)'] <br /> <br />(J) "Applicable Law" means all controlling applicable federal, state illld local statutes, regulations, <br />ordinances and administrative rules illld orders (tilat have tile effect of law) as well as all applicable fmal, <br />non-appealable judicial opinions. <br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments illld oUler <br />charges iliat are imposed on Borrower or tile Property by a condominiwll association, homeowners <br />association or sinlilar orgilllization. <br />(L) "Electronic Funds Transfer" means any transfer of funds, oUler than a transaction originated by <br />check, draft, or similar paper instrument, which is initiated tirrough an electronic terminal, telephonic <br />instrument, computer, or magnetic tape so as to order, instruct, or autilOrize a financial institution to debit <br />or credit an aCCOlmt. Such term includes, but is not limited to, point-of-sale trilllsfers, automated teller <br />machine trilllsactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />transfers. <br />(M) ''Escrow Items" meilllS tilOse items tilat are described ill Section 3. <br />(N) "Miscellaneous Proceeds" meilllS any compensation, settlement, award of dillnages, or proceeds paid <br />by any tilird party (otller tilan insurilllce proceeds paid lUlder tile coverages described in Section 5) for: (i) <br />damage to, or destruction of, tlle 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, Ule <br />value and/or condition of tile Properly. <br />(0) "Moltgage Insunmce" meilllS itlsurilllce proteclitlg Lender against the nonpayment of, or default on, <br />tile Loan. <br />8800278337 <br /> <br />S",c <br /> <br />8800278337 <br /> <br />~.6A(Ne) (0407).01 <br /> <br />Page 2 of 15 <br /> <br />IniliaIS:~ <br /> <br />Form 3028 1/01 <br />