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<br />,200718256 <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 13505 California St, NE-BBP-LL-P, Omaha, NE 68154 <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 of P.O. Box 2026, Flint, M148501-2026, tel. (888) 679-MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated December 06, 2007 <br />The Note states that Borrower owes Lender Eighty Six Thousand Eight Hundred And <br />Zero/l00 Dollars <br />(U. S. $ 86, 800 . 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 01, 2038 <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 [i] 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 ancl/or condition of the Property. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, <br />the Loan. <br />8800333214 <br /> <br />paoe 2 of 1 5 <br /> <br />In~lals:~ <br />C~V{ ? <br />l/ - <br /> <br />8800333214 <br /> <br />..sAINE) (0407),01 <br />(!l <br /> <br />Fonn 3028 1/01 <br />