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[Space Above This line For Recording Data] V 5- <br /> DEED OF TRUST 35~ 0 <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 F E B R U A R Y 1 9, 2 0 0 9 ,together with all Riders to this <br />document <br /> <br />(B) "Borrower" is <br /> <br />J ERA LOW W T L SON AND BET HEW 1 L SON, ASH U S BAN 0 AND W I F E <br /> <br />(C) "Lender" is <br />COR P 0 RAT [ 0 N <br />NEBRASKA <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 THE STATF OF <br />lender's address is ???3 SFCOND AVF KEARNEY. NE 68847 <br />lender is the beneficiary under <br /> <br />this Security Instrument. <br /> <br />(D) "Trustee" is F T R S T N A T ION A L BAN K 0 F 0 M A H A <br />162 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 />- <br />(E) "Note" means the promissory note signed by Borrower and dated F t B R U A R Y 1 9, 2 0 0 9 . The Note states that <br />Borrower owes Lender N I N E T Y T H R E E THO USA N D F 0 U R HUN D RED S EVE N T Y r I V E AND <br />N 0 / 1 0 0 Dollars (US $ 9 3 . 4 7 5 . 0 0 ) plus interest <br />Borrower has promised to pay this debt In regular Penodlc Payments and to pay the debt In full not later than <br />MARCH 1. ?O?4 <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 I nstrument, 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) [specify] <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 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 />~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 />M 0 R T GAG E LOA N D E PAR T MEN T <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 /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT <br />302a NE DOT 1101 POl <br /> <br />90 <br /> <br />Form 30~8 1/01 (page 1 of 7 peges) <br />