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<br />(Splice Above This Line For Recording Data)
<br />
<br />LOAN NUMBER: 9704
<br />
<br />DEED OF TRUST
<br />
<br />DEFINITIONS. Words used in multiple sections of this document are defined below and other words are defined
<br />in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also
<br />provided in Section 16.
<br />(A) "Security Instrument" means this document, which is dated September 17,2008, together with all Riders
<br />to this document.
<br />(B) "Borrower" is Andy Leighty, Husband, and Alex Leighty, Wife, whose address is 1622 Meadow Rd,
<br />Grand Island, Nebraska 68803 who is/are the trustor(s) under this Security Instrument.
<br />(C) "Lender" is Pathway Bank. Lender is a Corporation organized and existing under the laws of Nebraska.
<br />Lender's address is POBox 428, Cairo, Nebraska 68824 . Lender is the beneficiary under this Security
<br />Instrument.
<br />(D) "Trustee" is Pathway Bank.
<br />(E) "Note" means the promissory note signed by Borrower and dated September 17, 2008. The Note states that
<br />Borrower owes Lender Three Hundred Thirty-six Thousand Five Hundred Thirty-two and 49/100
<br />Dollars (U.S. $336,532.49) plus interest. Borrower has promised to pay this debt in regular Periodic
<br />Payments and to pay the debt in full not later than September 23, 2009.
<br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
<br />Property. "
<br />(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
<br />under the Note, and all sums due under this Security Instrument, plus interest.
<br />(H) "Riders" means all Riders to this Security Instrument that are executed by thl: Borrow~r. The- f~)llowing
<br />Riders are to be executed by Borrower [check box as applicable]:
<br />
<br />~ Adjustable Rate Rider ~ Condominium Rider a Second Home Rider
<br />Balloon Rider Planned Unit Development Ride Other(s)[specify]:
<br />1-4 Family Rider Biweekly Payment Rider
<br />
<br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances
<br />and administrative rules and orders (that have the effect of the law) as well as all applicable final, non-
<br />appealable judicial options.
<br />(J) "Community Association Dues, Fees, and Assessments" meansal1 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 />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction or@natedby check,
<br />draft, or similar paper instrument, which is initiated through an electronic tenninal, telephonic instrument,
<br />computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
<br />account. Such tenn includes, but is not limited to, point-of-sale transfers, automated tel1er machine
<br />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
<br />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; (Hi) 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
<br />Loan.
<br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
<br />plus (ii) any amounts under Section 3 of this Security Instrument.
<br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. g2601 et seq.) and its implementing
<br />regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any
<br />additional or successor legislation or regulation that governs the same subject matter. As used in this Security
<br />Instrument, "RESPA" refers to aU requirements and restrictions that are imposed in regard to a "federally
<br />
<br />
<br />P..lofIO
<br />
<br />Form J018 1101
<br />. www.corri.pliancesys~ems.com
<br />800-968-8522 - Fax 616.956.1868
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<br />
<br />Initials
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