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DEFINITIONS <br />Words used in multiple sections ofthis 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 />(A) "Security Instrument" means this document, which is dated December 12th , 2008 , together with <br />all Riders to this document. <br />(B) "Borrower" is Randel L Anderson and Holly A Anderson, husband and wife <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 710 N Diers Avenue Suite M Grand Island, NE 68803 <br />Lender is the beneficiary under this Security Instrument, <br />(D) "Trustee" is TierOne Bank P.Q. Box 83009 Lincoln, NE 68501 -3009 <br />Lender <br />(E) "Note" means the promissory note signed by Borrower and dated December 12th , 2008 . The Note <br />states that Borrower owes Lender Two Hundred Thirty One Thousand Five Hundred Forty Six and 00/100 <br />Dollars (U.S _ $ 231,546.00 ) plus interest. Borrower has promised <br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than _ January 1, 2039 <br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br />(G) "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 />(H) "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 />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] _ <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and <br />administrative rules and 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 <br />imposed on 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 <br />similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape <br />so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited <br />to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and <br />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 <br />party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, <br />the 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 />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />NEBRASKA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1 /01 (page 1 of8pages) <br />9754.CV (liar) 901540 Creative Thinking, Inc. <br />GOTO(000905a) <br />Return To: <br />CharterWest National Bank <br />710 N Diers Avenue Suite M <br />Grand Island, NE 68803 <br />0V n <br />m <br />C a <br />C� <br />co <br />(, CA <br />rn <br />�• <br />c7 <br />� � <br />C] <br />C. <br />_T, <br />N <br />CD <br />4 <br />co <br />�...� <br />O <br />M <br />3 <br />r <br />I~+ C <br />r <br />p <br />_X: <br />~ M <br />C� <br />Un <br />O <br />Cra <br />[Space Above This Line For Recording Data] <br />DEED OF TRUST <br />d <br />DEFINITIONS <br />Words used in multiple sections ofthis 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 />(A) "Security Instrument" means this document, which is dated December 12th , 2008 , together with <br />all Riders to this document. <br />(B) "Borrower" is Randel L Anderson and Holly A Anderson, husband and wife <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 710 N Diers Avenue Suite M Grand Island, NE 68803 <br />Lender is the beneficiary under this Security Instrument, <br />(D) "Trustee" is TierOne Bank P.Q. Box 83009 Lincoln, NE 68501 -3009 <br />Lender <br />(E) "Note" means the promissory note signed by Borrower and dated December 12th , 2008 . The Note <br />states that Borrower owes Lender Two Hundred Thirty One Thousand Five Hundred Forty Six and 00/100 <br />Dollars (U.S _ $ 231,546.00 ) plus interest. Borrower has promised <br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than _ January 1, 2039 <br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br />(G) "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 />(H) "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 />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] _ <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and <br />administrative rules and 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 <br />imposed on 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 <br />similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape <br />so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited <br />to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and <br />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 <br />party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, <br />the 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 />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />NEBRASKA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1 /01 (page 1 of8pages) <br />9754.CV (liar) 901540 Creative Thinking, Inc. <br />GOTO(000905a) <br />Return To: <br />CharterWest National Bank <br />710 N Diers Avenue Suite M <br />Grand Island, NE 68803 <br />