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['Tl ~~ :3 r-' J;,. t-" .".:..;s <br />-..J ,~ CJ ::.\":.~ <br /> (10 1. en 0.,) ITl <br /> \'. c.:> ....' ~;:',. <br /> t- 1>- t-" --4 <br /> f---> ----- ----- z <br /> U1 (J) -..J 0 <br /> en <br /> <br /> <br /> <br />[Space Above This Line For Recording Data] <br /> <br />DEED OF TRUST <br /> <br />(.:-- <br />,f.j 5. 5-0 <br /> <br />DEFINITIONS <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 F E B R U A R Y 11, 2 0 0 8 ,together with all Riders to this <br />document. <br />(B) "Borrower" is A LAN R U SHE RAN D J 0 ANN A L U SHE R, ASH U S BAN DAN D W I F E <br /> <br />(C) "lender" is <br />CORPORATION <br />NEBRASKA <br /> <br />PLATTE <br /> <br />. Borrower is the trustor under this Security Instrument. <br />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 2223 SECOND AVE, KEARNEY, NE 68e7 <br />. ender is the beneficiary under <br /> <br />this Security Instrument. <br /> <br />(0) "Trustee" is FIR S T N A T ION A L BAN K 0 F 0 M A H A <br />1620 OODGF STRFFT STOP 4:100, OMAHA, NE 68197-4300 <br /> <br />- <br />(E) "Note" means the promissory note signed by Borrower and dated F E B R U A R Y 1 1. 2 0 0 8 . The Note states that <br />Borrower owes Lender 0 N E HUN D RED S EVE N T Y E 1 G H T THO USA N D F I V E HUN D RED AND <br />N 0 / 1 0 0 Dollars (U.S. $ 1 7 8 , 5 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 />MAR C H 1 ? 0 :1 R <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 0 Condominium Rider 0 Second Home Rider <br /> <br />o Balloon Rider <br />01-4 Family Rider <br /> <br />[iI Planned Unit Development Rider <br />o Biweekly Payment Rider <br /> <br />o Other(s) [specify] <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 />fM) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party <br />otller 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 (12 USC. g 2601 et seq) and its implementing regulation, <br />Regulation X (24 CFR. 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 />(0) "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 />2 223 SEe 0 N D A V E <br />K EAR N E Y, N E 6 8 847 <br /> <br />NEBRASKA-Single F..mlly-F'lnn;.. M..../Frnddl.. M..c UNIFORM INSTRUMENT <br />3028 NE DOT 1/01 PGl <br /> <br />~=-"'7lJ-J <br /> <br />