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<br />N <br />is <br />is <br />()) <br />is <br />N <br />()) <br />(J'l <br />()) <br /> <br />f' <br />f"" <br />~ <br />I <br /> <br />10 <br />m <br />-n <br />C <br />n Z <br />~~~ <br />~::E: <br /> <br />~ ~\ <br /> <br />'" \ <br /> <br />::~ <br />~~ <br />O(~ <br />.." <br /> <br />~ <br /><==> <br /><;:> <br />c:lO <br /> <br />::D <br />-U <br />:::c <br /> <br />,\ <br /> <br />o <br />rn <br />m <br />d <br />(f) <br /> <br />u. <br />r <br /> <br />-0 <br />::3 <br /> <br />(':) (fJ <br />o -l <br />c:: :t> <br />z-l <br />-1m <br />-<0 <br />o ~ <br />""'z <br />;I n1 <br />~co <br />,::0 <br />r :t:>- <br />en <br />;:><; <br />:t> <br /> <br />(fJ <br />u> <br /> <br />o <br />N <br />o <br />CD <br />qo <br />Q <br />N <br />CO <br />U1 <br />00 <br /> <br />!;!l <br />-I <br />m <br />:u <br />rn <br />o <br />> <br />(j) <br />Z <br />CJ) <br />-, <br />:tJ <br />c: <br />~ <br />rl"l <br />~ <br />Z <br />o <br /> <br />..l: <br /> <br />w <br /> <br />o <br />CJ <br /> <br />c::> <br />-.J <br /> <br />-.- <br /> <br />WHEN RECORDED MAIL TO: <br />Cornerstone Bank <br />Aurora Facility <br />1206 13th Street <br />P.O. Box 386 <br />Aurora, NE 68818-0386 <br /> <br />[Space Above This Line For Recording Deta] <br /> <br />PURCHASE MONEY DEED OF TRUST <br /> <br />~ <br />(; \{; <br /> <br />'" <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 />IA) "Security Instrument" means this document, which is dated April 4, 2008, together with all Riders to this document. <br />IB) "Borrower" is John V Eberly and Jamie D Eberly; Husband and Wife. Borrower is the trustor under this Security Instrument. <br />IC) "Lender" is Cornerstone Bank. lender is a Corporation organized and existing under the laws of Nebraska. lender's address is <br />Aurora Facility, 1206 13th Street, P.O. Box 386, Aurora, NE 68818-0386. lender is the beneficiary under this Security Instrument. <br />(D) "Trustee" is T1ERONE BANK. <br />(E) "Note" means the promissory note signed by Borrower and dated April 4, 2008. The Note states that Borrower owes lender One <br />Hundred Ninety-three Thousand & 00/100 Dollars (U.S. $193,000.00) plus interest. Borrower has promised to pay this debt in regular <br />Periodic Payments and to pay the debt in full not later than May 1, 2038. <br />IF) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br />IG) "loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all <br />sums due under this Security Instrument, plus interest. <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 />o 1-4 Family Rider <br /> <br />o Condominium Rider <br />o Planned Unit Development Rider <br />o Biweekly Payment Rider <br /> <br />o Second Home Rider <br />o Other(s) [specify] ~ <br /> <br />(I) "Applicable law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and <br />orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. <br />(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on <br />Borrower or the Property by a condominium association, homeowners association or similar organization. <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, instruct, or <br />authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated <br />teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. <br />(L) "Escrow Items" means those items that are described in Section 3. <br />(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than <br />insurance proceeds paid under the coverages described in Section 5) for: (I) damage to, or destruction of, the Property; (ii) condemnation or <br />other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the <br />value and/or condition of the Property. <br />(N) "Mortgage Insurance" means insurance protecting lender against the nonpayment of, or default on, the Loan. <br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (Ii) any amounts <br />under Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. ~ 2601 et seq.) and its implementing regulation, Regulation X <br />(24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs <br />the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in <br />regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. <br />IQ) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed <br />Borrower's obligations under the Note and/or this Security Instrument. <br /> <br />TRANSFER OF RIGHTS IN THE PROPERTY <br /> <br />This Security Instrument secures to Lender: (I) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and <br />(Ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower <br />irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Hall: <br /> <br />Real Property tax identification number is 400209799. <br /> <br />Lot Two (21. Eagle Subdivision, Hall County, Nebraska <br /> <br />which currently has the address of 640 Linden Ave, Grand Island, Nebraska 68801 ("Property Address"): <br />(All or part of the purchase price of the Property is paid for with the money loaned). <br /> <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now <br />or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is <br />referred to in this Security Instrument as the" Property." <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Page 1 of 6 <br /> <br />Form 3028 1/01 <br /> <br />- <br />