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n <br />~.,.,...~., ,~ = r. <br />~ ^' ,,.,,, <br />~' <br />`~ ~ <br />o --i <br />~.o <br /> <br />N - ' ~ fl'i rx' ~"b rn <br />['" : <br />~ ~ ~C rn C7 v <br />~_ <br />~ ~ ~ . <br />~ ~ t~-+ ~ ~ O Cn/7 <br /> ~ <br />~ m --~ y. m ] ~ <br />~ I p <br />~ ~ ~ ~ ~ <br />~ <br />~ i ~ Ca ~ <br />~ ~ ~ <br />_ <br />- C~'t fY`a t~C~i Z <br /> ~' o <br /> [Space Above This Line For Recording Data <br /> <br /> DEED OF TRUST <br /> ~ <br />DEFINITIONS ~ <br />Words used in multiple sectio ns 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 />(A) "Security Instrument" means this document, which is dated AUGUST 1 1 , 2 0 0 9 ,together with all Riders to this <br />document. <br />(B)"Borrower"is JAMES R HUGGINS AND GERLYN D HUGGINS, A5 HUSBAND AND WIFE <br />arrower is t e rus or un er is ecurlty nstrument. <br />(C)"Lender"is PLATTE VALLEY STATE BANK & TRUST CO Lenderisa <br />organize and existing un er t e aws o THE STATE OF <br />[~ ~ I} R A S K A en er s a ress is <br />. Len er is t e eneficiary un er <br />t is ecurlty nstrument. <br />(D)"Trustee"is FIRST NATIONAL BANK OF OMAHA <br />(E) "Note" means the promissory note signed by Borrower and dated AUGUST 1 1 , 2 0 0 9 The Note states that <br />BBorrowerowesLender DNE HUNDRED SEVENTY EIGHT RED AND <br />oars U.S. 1 plus interest. <br />orrower as promise to pay t is e t In regu ar erio is ayments and to pay the de t rn u not ater t an <br />SEPTEMBER 1. 2039 <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 Note, and <br />all sums due under this Security Instrument, plus interest. <br />(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by <br />6Borrower [check box as applicable]: <br />^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider <br />^ Ballocn 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, 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 />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 />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />(O) "Periodic PaXment" means the regularly scheduled amount due far (i) principal and interest under the Nate, plus (ii) any <br />amounts under Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. ~ 2601 et seq.) and its implementing regulation, <br />RRegulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any adddional 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 />(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 />AFTER RECORDING RETURN TO: <br />PLATTE VALLEY STATE BANK & TRUST CO <br />MORTGAGE LOAN DEPARTMENT <br />2223 SECOND AVE <br />KEARNEY, NE 68847 <br />NEBRASKA-Single Family-Fannie Maa/Frsddle Mac UNIFORM INSTRUMHNT <br />3028 NE DQT 1/01 PQi <br />~.. <br />Form 3028 1/01 (pegs 101 7 peg ) <br />