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<br />.~r^ <br />~ <br />~ ~1 <br />T [7 <br />= ~ <br />~ t > cn <br />C5 ~ <br />© fll <br />Z <br /> <br /> <br />~~ A ~ rr, <br />c' m <br />~~ -~ ~ ~v ~ ~ ,~° v <br /> <br />~ ~ ~1 r°rt ~ ""'a A rCi C~ ~ <br /> z ~,, r~- <br />N - <br />~~ O u <br />, F~-- ~ ~ <br /> <br /> ~ <br />~~ F--` ~ ~ -I <br />^ <br />~~ Z <br /> O <br />[Space Above This Line For Recording Data] <br />y~. ~~ <br />DEED OF TRUST MIN: 100416700006248638 <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 June 26th 2009 ,together with <br />all Riders to this document. <br />(B) `Borrower" is Lyle A Klein, a single person <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is CharterWest National Bank .Lender <br />is a Corporation organized and existing under the laws of the State of Nebraska <br />Lender's address is 714 N Diers Avenue Grand Island NE 68803 <br />(D) "Trustee" isCharterWest National Bank ZO1 South Main Street West Point, NE 68788 <br />(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a <br />nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. <br />MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, <br />Flint, MI 48501-2026, tel. (888) 679-MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated June 26th 2009 .The Note <br />states that Borrower owes Lender Thirt One Thousand Three Hundred Sevent Five and 00/100 <br />Dollars (U.S. $31,375.00 __ )plus interest. Borrower has promised <br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than Jul 1 2039 <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br />(H) "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 />(I) "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 />^ I-4 Family Rider ^ Biweekly Payment Rider <br />(J) "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 />(K) "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 />(L) "Electronic Funds Transfer" means any transfer offends, other than a transaction originated bycheck, draft, or similar <br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as <br />to order, instruct, ar authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, <br />point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated <br />clearinghouse transfers. <br />(M) "Escrow Items" means these items that are described in Section 3. <br />(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by anythird party <br />(other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the <br />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 />(O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Lean. <br />(l') "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) <br />any amounts under Section 3 of this Security Instrument. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac l1NIFORM INSTRUMENT (MERS) Form 3028 1/01 (page 1 of 8 pages) <br />12439.CV (11/07) 902266 Creative Thinking, Inc. <br />GOTO(OOOc5485) <br />Return To: ~ // <br />CharterWest National Bank (J~ <br />714 N Diers Avenue <br />Grand Island, NE 68803 <br />