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2009053os <br />(C)"Lender"is Bank of the West, a California state banking corp. <br />Lender is a corporation <br />organized and existing under the laws of The state of California <br />Lender's address is 13505 California St, NE-BSP-LL-P, Qmaha, N8 68].54 <br />(D) 'Trustee" is Bank of the West, a California state banking corp. <br />(E) "HERS" is Mortgage Electronic Registration Systems, Inc. HERS is a separate corporation that is <br />acting solely as a nominee for Lender and Lender's successors and assigns. HERS is the beneficiary <br />under this Security Instrument. HERS is organized and existing under the laws of Delaware, and has an <br />address and telephone nu-nber of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-HERS. <br />(F) 'T'ote" means the promissory note signed by Borrower and dated June 2 2 , 2 0 0 9 <br />The Note states that Harrower owes Lender Sixty Seven Thousand Six Hundred And <br />Zero / 10 0 Dollars <br />(U. S. $ 6 7 , 6 Qo . o o )plus interest. Harrower has promised to pay this debt in regular Periodic <br />Paytnents and to pay the debt in full not later than July 01, 2039 <br />(G) 'Property" means the property that is described below under the heading "Transfer of Rights in the <br />Property." <br />(H) 'loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges <br />due under the Note, and all sums due under this Security Instrument, plus interest. <br />(n "Riders" means all Riders to this Security Instru>.nent that are executed by Borrower. The following <br />Riders are to be executed by Borrower [check box as applicable]: <br />0 Adjustable Rate Rider ^ Condominium Rider [] Second Hoine Rider <br />Balloon Rider ~ Planned Unit Development Rider ~ 1-4 Family Rider <br />VA Rider ~ Biweekly Payment Rider ^ Other(s) [specify] <br />(.1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, <br />ordinances and adtninistrative rules and orders (that have the effect of law) as well as all applicable Fnal, <br />non-appealable judicial opinions. <br />(I~ "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other <br />charges that are i>nposed on Borrower or the. Property by a condominium association, homeowners <br />association or similar organization. <br />(L) 'electronic Funds Transfer" means any transfer of funds, other than a transaction originated by <br />check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic <br />instrument, computer, or tnagnetic tape so as to order, instruct, or authorize a financial institution to debit <br />or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller <br />-nachine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />transfers. <br />(1V1) 'escrow Items" -neans those items that are described in Section 3. <br />(1~ "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid <br />by 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; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the <br />value and/or condition of the Property. <br />(O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, <br />the Loan. <br />8800657123 8800657123 <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~R ~ <br />-BA(NE)loeioi asge2ot15 miuais: ~ Form 3028 7/01 <br />