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rn <br />~~ _ <br />-n ~ <br />~ <br />~ <br />~ <br />~ -~i <br />o Z <br />Illlllllll~llllllllllllllw ~ ~ ® ~ ,z, ' ~~; c- ~-+ rv f i <br />IV ~ ~ i~"5 g~ c ~ p 1'Tl <br /> ca ~, o v <br /> <br />~ ~ ~ ~ ~ te <br />n ~ <br /> '^~ r <br />- <br />' ..c <br />fV .~~ <br />~r ~, <br />C.7 u <br />~ <br />~ <br />C77 C <br />.~ ~ cca u~ iv <br /> ~ <br />~~ <br />~~ <br />z <br /> ~ <br /> [Space Above This Llne For Recording Data <br /> <br /> DEED OF TRUST <br /> ~~ <br />DEFINITIONS <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 wards used in this document are also provided in Section 1 B. <br />(A) "security Instrument" means this document, which is dated ,] u N F 4 , 2 0 0 9 ,together with all Riders to this <br />document. <br />(B)"Borrower"is SHAWN A WHEELER AND ANGELA D WHEELER, AS HUSBAND AND WIFE <br />orrower Is t e trustor un er t is ecurity nstrument. <br />(C)"Lender"is PLATTE VALLEY STATE BANK & TRUST CO Lenderisa <br />organ¢e an existing un er t e aws o THE STATE OF <br />N F _~ R A 5 K A en er s a ress is <br />en er is t e eneficiary un er <br />t Is ecurity nstrument. <br />(D)"Trustee"is FIRST NATIONAL BANK OF OMAHA <br />1620 DODGE STREET STOP $133. OMAHA. NE 68197-8133 _ ___ <br />(E) "Note" means the promissory note signed by Borrower and dated J U N F 4 , 2 0 0 9 The Note states that <br />Borrower owes Lender NINETY FOUR T H O U <br />oars plus interest. <br />orrower as promise to pay t is e t In regu ar erlo is ayments and to pay the de t rn u not ater t an <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 Nate, and <br />all sums due under this Security Instrument, plus interest. <br />(H) "Riders" means all Hiders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by <br />BBorrower [check box as applicable]: <br />^ Adjustable Rate Rider ^ Condominium Rider ^ second Mome 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 administrative <br />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, ar similar paper <br />instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, <br />instruct, ar 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 />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 ar anyy dart of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations <br />of, ar 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 Lean. <br />(O) "Periodic Payment" means the regularly scheduled amount due far (i) principal and interest under the Note, plus (ii) any <br />amounts under Sea ion 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.G. § 2601 et seq.) and its implementing regulation, <br />RRegulation X (24 G.F.R. Part 3500), as they might be amended from time to time, or an additional or successor legislation or <br />regulation that governs the same subect matter. As used ir; 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 />(Q) "successor in Interest of Borrower" means an 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 />AFTER RECpRDING RETURN TO: <br />PLATTE VALLEY STATE BANK & TRUST CO <br />MORTGAGE LOAN DEPARTMENT <br />2223 SECOND AVE <br />KEARNEY, NE 68847 <br />A. <br />NEBRASKA-Singly Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3D28 1/D1 (page 1 0} 7 pages) <br />3028 NE POT 1/01 P01 <br />