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<br />-_..~ <br />, <br /> <br />~ <br /> <br />N <br />CS! <br />G <br />CJ1 <br />CSl <br />OJ <br />..... <br />-....j <br />-....,J <br /> <br />,. <br /> <br />RE-RECORDED J <br />20050995~ <br /> <br />:;10 <br />I"IlI <br />"'" <br />c: <br />nn6 <br />~>!{) <br />ncn <br />~:J: <br /> <br />nn <br />~~ " <br />n--S: \, <br />~ <br /> <br />.........") <br />Cc:o> <br />c:=> <br /><..r'> <br /> <br />- <br />. <br /> <br />(;) (f) <br /><:) -l <br />c:;:J> <br />:z:-l <br />-'1m <br />-<0 <br />0""" <br />"z <br />7: fT! <br />1> (~l <br />r :;1J <br />r ~ <br />(fJ <br />;::><; <br />> <br />--- '-" <br /> <br />~ <br />~ <br />Q <br /> <br />~ <br />~ ~t~ <br />lliJ ,",-- <br />~I'- <br /><0 -,- <br />..., <br />~;;l l!' <br /> <br />~ r <br />\' <br /> <br />QO <br /><::) <br />GO <br /> <br />i!$J <br />(/il <br /> <br />.-..... <br />= <br />G:l <br />~ <br />CD <br /> <br />\5\ <br />o <br /> <br />-u <br />::3 <br /> <br />(Space Above This Line For Recording Data] <br />REFILE TO ADD MIN NUMBIR <br />DEED OF TRUST MIN: 100416700000606468 <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 <br />and 21. 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 August 19th <br />all Riders to this document. <br />(B) "Borrower" is Michael W Moore and Debra D Moore, husband and wife <br /> <br />, 2005 , together with <br /> <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is CharterWest National Bank <br />is a Corporation organized and existing under the laws of the State of Nebraska <br />Lender's address is 2535 Carleton Avenue Suite C Grand lsland,NE 68803 <br />(D) "Trustee" isCharterWest National Bank 201 South Main Street West Point, NE 68788-0288 <br /> <br />. Lender <br /> <br />(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a <br />nominee tor Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. <br />MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, <br />Flint, MI 48501-2026, tel. (888) 679-MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated August 19th ,2005. The Note <br />states that Borrower owes Lender One Hundred Seventeen Thousand Eil!ht Hundred and 00/100 <br />Dollars (V.S. $117.800.00 ) plus interest. Borrower has promised <br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2035 <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br />(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the <br />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 Riders are to be <br />executed by 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 Vnit Development Rider <br />o Biweekly Payment Rider <br /> <br />o Second Home Rider <br />o Other(s) [specifY] <br /> <br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and <br />administrative rules and orders (that have the effect oflaw) as well as all applicable final, non-appealable judicial opinions. <br />(K) "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 />(L) "Electronic Funds Transfer" means any transfer offunds, other than a transaction originated by check, draft, or similar <br />paper instrument, which is initiated throu~h an electronic terminal, telephonic instrument, computer, or magnetic tape so as <br />to order, instruct, or authorize a financial Institution to debit or credit an account. Such term includes, but is not limited to, <br />point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transrers, and automated <br />clearinghouse 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 by any third party <br />(other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the <br />Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or <br />(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) <br />any amounts under Section 3 of this Security Instrument. <br />(Q) "RESP A" means the Real Estate Settlement Procedures Act (12 V.S.C. ~260 1 et seq.) and its implementing regulation, <br />Regulation X (24 c.P.R. Part 3500), as they might be amended from time to time, or anx additional or successor legislation <br />or regulation that governs the same subject matter. As used in this Security Instrument, 'RESP A" refers to all requirements <br /> <br />NEBRASKA-Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />12439,CV (10/02) 900114 <br />Return To: <br />CharterWest National Bank <br />2535 Carleton Avenue Suite C <br />Grand Island, NE 68803 ' <br /> <br />(MERS) <br /> <br />Form 3028 1101 (page 1 018 pages) <br /> <br />/l11lL ~ <br /> <br />o <br />N <br />c:> <br />c:> <br /><..n <br />c:> <br />CO <br />...... <br />-..J <br />-.J <br /> <br />P. <br /> <br />I <br />ar <br />i <br />i <br />~ <br /> <br />~ <br />~ <br /> <br />GOTO(OOO 1639:.) <br />