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20o~o72io <br />(C)'Zender"is Bank of the Went, 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 1,3505 California St, NE-BBP-LL-P, Omaha, NE 68154 <br />(D)'"Trustee"is Bank of the West, a California state banking corp. <br />(E) "MFRS" is Mortgage Electronic Registration Systems, Inc. MER5 is a separate corporation that is <br />acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the beneficiary <br />under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an <br />address and telephone number of P.O. Box 202d, 1~lint, MI 48501-2026, tel. (888) 679-MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated August 31, 2 0 0 9 <br />The Note states that Borrower owes Lender Sixty Thousand Eight Hundred And Zero/100 <br />Dollars <br />(U. S. $ 6 0 , 8 D D . o D )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) 'Troperty" 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 />(I) 'Riders" means all Riders to this Security Instrument that are executed by Borrower. The following <br />Riders are to be executed by Borrower [check box as applicable]: <br />Adjustable Rate Rider [] Condominium Rider 0 Second Home Rider <br />Balloon Rider ^ Planned Unit Development Rider ~ 1-4 Family Rider <br />VA Rider ~ Biweekly Payment Rider ~ Other(s) [specify] <br />(Tj "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 />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, 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 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 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 ta, point-of--sale transfers, automated teller <br />machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />transfers. <br />(M) 'Zscrow Items" means those items that are described in Section 3. <br />(N) "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 af, 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 />8800717704 880D717704 <br />NEBRASKA -Single Family -Fannie MaelFreddie Mac UNIFORM INSTRUMENT WI <br />-6A(NE) (oeioi peas z of is Nina Form 3028 1101 <br />