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2UUUU9444 <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, N$-SSP-LL-P, Omaha, N73 68154 <br />(D)'Trustee"is Sank of the West, a California state banking corp. <br />(E) "HERS" is Mortgage Electronic Registration Systems, Inc. HERS is a separate corporation that is <br />acting solely as a nominee for Lender and Lender's successors and assigns. M17.RS 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 2026, Flint, MI 48501-2026, tel. (888) 679-MEAS. <br />(F) "Note" means the promissory note signed by Borrower and dated November 20, 2009 <br />The Note states that Borrower owes Lender Sixty Two Thousand And Zero/100 <br />Dollars <br />([J. S. $ 6 2 , 0 00.0 0 )plus interest. Borrower has promised to pay this debt in regular Periodic <br />Payments and to pay the debt in full not later than December 01, 2024 . <br />(G) 'Property" means the property that is described below under the heading "Transfer of Rights in the <br />Property. " <br />(II) "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 />(n "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following <br />Riders are to be executed by Harrower [check box as applicable]: <br />^ Adjustable Rate Rider ^ Condominium Rider [~ Second Home Rider <br />^ Balloon Rider ^ Planned Unit Development Rider ^ 1-4 Family Rider <br />^ VA Rider ^ Biweekly Payment Rider ^ Other(s) [specify] <br />(.n "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 Association Dues, Fees, and Assessments" means all dues, fees, assessments and other <br />charges that are imposed on Harrower or the Property by a condominium association, homeowners <br />association or similar organization. <br />(L) '~lectronie 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 to, point-of--sale transfers, automated teller <br />machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />transfers. <br />(Nn 'escrow 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 of, 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 />8800741327 8800741327 <br />NEBRASKA -Single Family -Fannle Mae/Freddis Mac UNIFORM INSTRUMENT WITH HERS <br />-BA(NE)~o8101 Page2oi15 i~n~ei®: /~ '~ Form 3028 7/07 <br />~,~ <br />