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<br />~' <br />( <br /> <br /> ~ n '8.~ ,."" <br /> ::I: =.;> (") ifJ <br /> PI = <br /> :x: ::::J;l, -..,2 0 -l <br />n z '" = c: l> <br />~ 0 ~'''' ~':> :z: --I <br />% ;:0 u- --I rr1 <br />~ t~1 ---i <br />m -< <br />n (;,,"""') t'Jo'"~,_ , " <br /> ""t: w <br />~ :t: a ~ 0 'l <br /> ~ J:.l ........ '..." ;;:: <br /> C'? r :r: "1 <br /> rl'1 -U l> en <br /> rn ::3 r ::u <br /> b r l> <br /> fJJ UJ <br /> \ c.:> X <br /> l> <br /> en ..........- <br /> 0) <:J1ll <br /> en <br /> <br /> <br />I'-) <br />CSl <br />CSl <br />--...J <br />CSl <br />CD <br />W <br />W <br />CD <br /> <br />200709339 <br /> <br />[Space Above This Line For Recording Data] <br /> <br />DEED OF TRUST <br /> <br />DEFINITIONS <br /> <br />0 I <br />T'\) <br />(::) ~ <br />0 I <br />--..) <br />C> <br />CD <br />(...) <br />(...) i <br />CD ~ <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 0 C T 0 B E R 3 0, 2 0 0 7 ,together with all Riders to this <br />document <br /> <br />(B) "Borrower" is <br /> <br />FRANCISCO J CRUZ, A SINGLE PERSON <br /> <br />(C) "lender" is <br />CORPORATION <br />NEBRASKA <br /> <br />Borrower is the trustor under this Security Instrument <br />V ALL E Y S TAT E 8 A N 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 2223 SFCONfJ AVF KFARNFY. NE 6Se7 <br />. ender is the beneficiary under <br /> <br />PLATTE <br /> <br />this Security Instrument <br /> <br />(D) "Trustee" is U S BAN K T R U S T COM PAN y, N A T ION A LAS S 0 C I A T ION <br />111 S W F 1FT H A V F 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 0 C T 0 B E R 3 O. 2 0 0 7 <br />Borrower owes Lender F I F T Y S EVE NTH 0 USA N DAN D N 0 / 1 U 0 <br />Dollars (U.S. $ 5 7 , 0 0 0 . 0 0 <br />Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt In full not later than <br />NOVEMBER 1, 2037 <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 I nstrument, 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 0 Condominium Rider 0 Second Home Rider <br /> <br />o Balloon Rider 0 Planned Unit Development Rider IiWOther(s) [specify] NIFA E-3 <br /> <br />01-4 Family Rider 0 Biweekly Payment Rider <br /> <br />The Note states that <br /> <br />plus interest. <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 /> <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 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 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 protect:ng Lender against the nonpayment of, or default on, the Loan. <br /> <br />(0) "Periodic Payment" means the regularly scheduled amOl,nt 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 US,C. S 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 S E CON D A V E <br />K EAR N E Y. N E 6 8 8 4 7 <br /> <br />:pJL <br /> <br />NEBRASKA-8ingle Femily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />3028 NE DOT 1/01 PGl <br /> <br />Form 3028 1/01 (page 1 of 7 pages) <br />