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<br /> 10 On ,-...;> <br /> =-=- .:::;> C) (fl <br /> In <.::::> 0 <br /> 0 ~ ii~ c:x:> o~ ~ <br /> ;is ~f c:.~ N <br /> ~R z O:t ::3 %~ <br /> ::z: 0 X ::x;) 4'1"'1 0 <br /> -I -c: -<0 :0 <br /> :r=;; $!I ~ O"""Tl c:> m <br />t\.) C') ~x 0"'" N -"z 0 <br />G 1"1'1 --., ~ co):.. <br />0 -t 0 :;r::fT1 000 <br /> l>OJ <br />():I =t D rn l \::J ,:xl wtJ5 <br />is rn :3 <br />w r- 0 rl> <br />-..J tT1 ') Cfl (/1 -J;d <br />+:0- v:; I r'0 ="'" <br /><0 ", l> ....cC <br /> :;0 N ................. :s: <br /> < CD U'I CD~ <br /> n en <br /> 1"11 ti <br /> en <br /> [Space Above This Line For Recording Data] \~J <br /> DEED OF TRUST ~ <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 A P R I L 3 a. 2 0 0 8 , together with all Riders to this <br />document. <br />(B) "Borrower" is JESSE F FRIAS AND MYRNA P LOPEZ DE FRIAS. AS HUSBAND AND WIFE <br /> <br />(C) "Lender" is <br />CORPORATION <br />NFARASKA <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 STATE OF <br />. Lender's address is ???3 SFCOND AVF KEARNEY. NE 68e7 <br />. ender is the beneficiary under <br /> <br />thiS Security Instrument. <br /> <br />(D) "Trustee" is FIR S T N A T ION A L BAN K 0 F 0 M A H A <br />1 6 ? 0 D 0 D G F S T R F F T S TOP 8 1 33. 0 M A H A N F 681 9 7 - 8 1 3 3 <br /> <br />(E) "Note" means the promissory note signed by Borrower and dated A P R I L 3 O. 2 a a 8 <br />Borrower owes Lender N I N E T Y E I G H T THO USA N D F I V E HUN D RED r I r I Y AND <br />Dollars (U.S. $ 98. 55 a . a 0 <br />Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than <br />MAY 1. 2038 <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 />D Adjustable Rate Rider D Condominium Rider D Second Home Rider <br /> <br />D Balloon Rider D Planned Unit Development Rider D Other(s) [specify] <br /> <br />. The Note states that <br />NO/laa <br />) plus interest. <br /> <br />D 1-4 Family Rider <br /> <br />D Biweekly Payment Rider <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 />1M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party <br />otner 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 U.S.C. @ 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 SEe 0 N D A V E <br />K EAR N E Y. N E 6 8 847 <br /> <br />jF <br /> <br />rv\f <br /> <br />NEBRASKA-$ingl.. Family-Fanni.. MaelFreddl. M..c UNIFORM INSTRUMENT <br />3028 NE DOT 1/01 PCl1 <br /> <br />Form 3028 1/01 (page 1 cl7 p..ges) <br />