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- <br />.~ 2oo9osssc <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, N8-BBP-LL-P, Omaha, N$ 68154 <br />(D)'Trustee"is Bank of the Nest, a California state banking corp. <br />(E) "HERS" is Mortgage Electronic Registration Systems, Inc. MFRS 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 />nnder this Security Instrument. HERS is organized and existing under the laws of Delaware, and has an <br />address and telephone number of P.U. Box 2026, k'lint, MI 48501-2026, tel. (888) 679-HERS. <br />(~ "Note" means the promissory note signed by Borrower and dated August 10, 2009 <br />The Note states that Borrower owes Lender Thirty Bight Thousand 11nd Zero/100 <br />Dollars <br />(U. S. $ 38, 000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic <br />Payments and to pay the debt in full not later than September 01, 2039 <br />(G) "Property" means the property that is described below under the heading "`Transfer of Rights in the <br />Property." <br />(7~ "Caen" 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 />(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. 'T'he following <br />Riders are to be executed by Borrower [check box as applicable]: <br />Adjustable Rate Rider 0 Condominium Rider ~ Second Iā€¢Iome Rider <br />Balloon Rider 0 Planned Unit Development Rider ®1-4 Family Rider <br />[] VA Rider ~ Biweekly Payment Rider [] Other(s) [specify] <br />(d) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, <br />ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, <br />non-appealable judicial opinions. <br />(I~ "Community Assaciatian Dues, Fees, and Assessments" means all dues, fens, assessments and other <br />charges that are imposed on Borrower or the Property by a condominium association, homeowners <br />association or similar organization. <br />(L) "Electronic Ftimds 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 magnetic 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-af-sale transfers, automated teller <br />machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />transfers. <br />(1147 "Escrow Items" means 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 17roperty; (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 />8800707248 8800707248 <br />NEBRASKA -Single Family -Fannie Mae/Fraddis Maa UNIFORM INSTRUMENT WITH J~(IERS <br />-6AlNE-laaiol Page2o115 ~mtfais: ~~~ ~[V~ Forro 3028 1101 <br />® t~~ <br />