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<br />~ ru <br />~ <br />~~ <br />~ <br /> c ~ ~- <br /> <br /> <br /> a <br />~ <br />v © ~ ~ rn ~ <br /> <br />D ~ 3 - ~ ~ <br />D ~ <br />O ~ ~ r <br />T~ ^ <br /> <br />- ~ f.D <br />^rrr w .... + <br />r ~ <br /> <br /> <br /> <br />(/e~7`~/~I /~ <br />WWE RECOR~E MAIL 70: <br />CORNERSTONE BANK <br />Grand Island Main Facility <br />840 North piers Avenue <br />Grand Island, NE 68$03 <br />[Space Above This Line For Retarding Data] <br />DEED QF TRUST <br />DEFINITIONS <br />3a , S+D <br />Words used in multiple sections 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 September 28, 2009, together with all Riders to this document. <br />(B) "Borrower" is Keith J McTavish and Debra J. McTavish; Husband and Wife. Borrower is the trustor under this Security Instrument. <br />ICl "Lender" is CORNERSTONE BANK. Lender is a Corporation organized and existing under the laws of Nebraska. Lender's address is <br />Grand Island Main Facility, 840 North piers Avenue, Grand Island, NE 68803. Lender is the beneficiary under this Security Instrument. <br />Ip] "Trustee" is TIERONE BANK. <br />(E) "Nate" means the promissory note signed by Borrower and dated September 28, 2009. The Note states that Borrower owes Lender <br />One Hundred Eight Thousand & 00/100 Dollars (U.S. 5108,000.001 plus interest. Borrower has promised to pay this debt in regular <br />Periodic Payments and to pay the debt in full not later than November 1, 2024. <br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br />IGI "Caen" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all <br />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 exeduted by <br />Borrower [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 />111 "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and <br />orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. <br />IJI "Community Association puss, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on <br />Borrower or the Property by a condominium association, homeowners association ar similar organization. <br />(KI "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 tc order, instruct, or <br />authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated <br />teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. <br />(L) "Escrow Items" means those items that are described in Section 3. <br />IM1 "Miscellaneous Proceeds" .means any compensation„ settlement, award of damages, or proceeds paid by any third party (other than <br />insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (i[) condemnation' or <br />other taking of all or any part of the 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 />IN) '"Mortgage Insurance" means insurance protecting Lender against the nonpayment af, ar default on, the Loan, <br />101 "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts <br />under Section 3 of this Security Instrument. <br />[P) "RESPA" means the Real Estate Settlement Procedures Act 112 U.S.C. § 2601 et seq.] and its implementing regulation, Regulation X <br />(24 C.F.R. Part 350D-, as they might be emended from time to time, or any additional or successor legislation or regulation that governs <br />the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in <br />regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. <br />IQI "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed <br />Borrower's obligations under the Note and/or this Security Instrument. <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />Thls Security Instrument secures to Lender. [i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and <br />lii- the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower <br />irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Hall: <br />Real Property tax identification number is 400181002. <br />Lot Two 121, Block Two 121, West North Lawn Second Addition to the City of Wood River, Halt County, Nebraska <br />which currently has the address of 1403 Dodd St, Wood River, Nebraska 68883 1"Property Address"-: <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now <br />or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is <br />referred to in this Security Instrument as the "Property." <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey. the <br />Property and that the Property is unencumbered, except for encumbrances of retard. Borrower warrants and will defend generally the title <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Page 1 of 6 <br />~" / <br />Form .3028 1101 <br />D~'~ <br />