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<br /> DEED OF TRUST
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<br />DEFINITIONS
<br />Words used in multiple sectio ns of this document are defined below and other words are defined in Section s 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 SEPTEMBER 3 , 2 0 0 9 ,together with all Riders to this
<br />document.
<br />(B)"Borrower"is TODD C ENCK AND KELLY A ENCK, AS HUSBAND AND WIFE
<br />orrawer Is t e rus or un er t Is ecurlty nstrument.
<br />(C)"Lender"is PLATTE VALLEY STATE BANK & TRUST CO Lenderisa
<br />organized an existing un er t e aws o THE STATE OF
<br />N E B R A ~1(„g,,, .,.~,,,,, „, ,,,,,._._ en er s a ress is
<br />en er is t e ene iclary un er
<br />t is ecurlty ns rument.
<br />(D)"Trustee"is FIRST NATIONAL BANK OF DMAHA
<br />_1_6.2 Q_ DDDGE STREET STOP 8133. DMAHA. NE 68197-8133 _,_~._
<br />(E) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 3 , 2 0 0 9 The Note states that
<br />BBorrower owes Lender TWO HUNDRED T H D U
<br />Dollars (U,S. 2 0 0, 0 0 0. 0 pus Interest.
<br />orrower as promise to pay t Is e t in regu ar erio Ic ayments and to pay the de t in u not ater t an
<br />OCTOBER 1 2 0 2 ,~,,, ,,,,„,
<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 />BBorrower [check box as applicable]:
<br />^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider
<br />^ Balloon 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 />othher 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 />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 on, the Loan.
<br />(O) "Periodic Pa~rment" means the regularly scheduled amount due for (i) principal and interest under the Note, 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 />Regulation X (24 C.F.R. Part 3500), as they might be amended from time tc 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 iin 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~ingle Family-Fannie MadFreddie Mac UNIFORM INSTRUMENT
<br />3028 NE DOT 1/01 PCii
<br />Farm 3028 1/O1 (page 1 of 7 pages)
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