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<br /> 10 (") E <br /> > m % r-..:> m <br /> c f!! m C~ o (fJ z <br /> .;; n :r <:::::> rri <br /> ~~ z ~, '"" C> -I c:> <br /> Z C ~ C- c: l> r'\.):IJ <br /> ...... ~ ~~' ::0 Z-l m <br /> ).... nu. m 'i- 2 -irrl 00 <br />tv "'..., Q ~ -<0 <br />;lIIIlIi;:C N )> <br />S rn 0 o ,., c::> C/) <br />S -i -., CD -T'J :z: CO2 <br />c.o =i 0 ~ ::x:: rtl <br />S m -'0 ~ ro en <br />CS r- rt1 l c::> ~ <br />CJ1 m 0 ::3 . :::0 <br />en ifI ~ en '1> C) C <br /><0 (f) s:: <br />f'I1 I'.:> Ul <br /> :;0 :::><: m <br /> l> ~ <br /> ::: a .................. en <br /> n c.n (f) CD Z <br /> r'f1 U> 0 <br /> ~ <br /> [Space Above This Line For Recording Data] ~ <br /> DEED OF TRUST ~ <br /> \l' <br /> DEFINITIONS Q <br /> <br /> <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 J A N U A R Y 2 8, 2 0 0 9 ,together with all Riders to this <br />document. <br /> <br />(B) "Borrower" is <br /> <br />DONOVAN D ATKINSON AND ROBERTA J ATKINSON. AS HUSBAND AND WIFE <br /> <br />(C) "lender" is <br />CORPORATION <br />NEBRASKA <br /> <br />. Borrower is the trustor under this Security Instrument. <br />P L A T T E V ALL E Y S TAT E BAN K & T R U S T C 0 Lender is a <br />organized and existing under the laws of THE STATE OF <br />. Lender's address is 77?3 SECOND AVE. KEARNEY. NE 6RR47 <br />. Lender 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 />1670 DODGF STRFFT STOP 8133. OMAHA. NE <br /> <br />6 R 1 9 7 - R 1 3 3 <br /> <br />- <br />(E) "Note" means the promissory note signed by Borrower and dated J A N U A R Y 2 8. 2 0 0 9 . The Note states that <br />Borrower owes Lender 0 N E H U N D RED E I G H TEE NTH 0 USA N lJ S EVE N HUN D RED f- 1FT Y AND <br />NO / 1 0 0 Dollars (U.S $ 1 1 8 , 7 50 . 0 0 plus interest. <br />Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt in full not later than <br />F F B R U A R Y 1. 7 039 <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 <br /> <br />D Planned Unit Development Rider <br />D Biweekly Payment Rider <br /> <br />D Other(s) [speoify] <br /> <br />D 1-4 Family 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 incfudes, 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 />~M) "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 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 />/~ <br />7 -7 <br /> <br />~rt <br /> <br />NEBAASKA---Single Family~Fannle Mae/Freddie Mac UNIFOAM INSTRUMENT <br />3028 NE DOT 1/01 POl <br /> <br />Form 3028 1/01 (page 1 of 7 pages) <br />