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<br />DEFINI TIONS -
<br />Words used in multiple sections of this document are defined below and other wards 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 2 t , 2 0 0 9 ,together with all Riders to this
<br />document.
<br />(B)"Borrower"is ROD L FoLEY AND KIMBERLY A FDLEY, A5 HUSBAND AND WIFE
<br />orrower is t e trus or un er t is ecurity nstrument.
<br />(C)"Lender"is PLATTE VALLEY STATE BANK & TRUST CO Lenderisa
<br />C O R P O R A T LO ~L organize an existing under the laws o THE STATE OF __
<br />N F B R A S K A _ en er s a ress is
<br />~~~ en er is the beneficiary under
<br />t is ecurity nstrument.
<br />(D)"Trustee"is FIRST NATIONAL BANK OF OMAHA
<br />(E) "Note" means the promissory note signed by Borrower and dated AUGUST 2 1 , 2 0 0 9 The Note states that
<br />BorrawerowesLender ONE HUNDRED EIGHTY ONE THOUSA ND NO/100
<br />Dollars 8 0 0 . 0 pus interest.
<br />orrower as promise to pay t is e t in regu ar aria Ic ayments and to pay the de t in u not ater t an
<br />SEPTEMBER 1...20,39
<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 />(W) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by
<br />Borrower [check box as applicable]:
<br />^ Adjustable Rate Rider ^ Condominium Rider
<br />^ Balloon Rider ^ Planned Unit Development Rider
<br />^ 1-4 Family Rider ^ Biweekly Payment Rider
<br />^ Second Home Rider
<br />^ Other(s) [specify] _
<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 parley
<br />of er than insurance praceeds 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 />af, 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 an, the Loan.
<br />(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any
<br />amounts under Sec ion 3 of this Security Instrument.
<br />(P) "RESPA" means the Real .Estate Settlement Pracedures 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 additional 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 />KEARNEV, NE 68847 ~~
<br />NEBRASKA-Single Femlly-Fannie MadFreddie Mac UNIFORM INSTRUMENT Form 302$ 1/01 (page 1 of 7 pages)
<br />3028 NE DOT 1/01 PG7
<br />
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