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C <br />D <br />~ © ~ <br />.7 <br />~ <br /> U~~m~;~ ,vE d8~43 <br />~ K o <br />~ <br />~.r_ c~ ~ ., a~ <br /> <br />"~"'~ <br />Recording Requested ]3y & Return To: <br />~ <br />---~ <br />1^'' ~ <br />Z <br /> Chicago Title ServiceLink Division ~" ~' <br />un ~ O <br /> 4000 Industrial Blvd ~ " <br />~~ <br /> Aliquippa, PA 15001 <br /> e~~oove This Line For Recording Data <br /> <br /> DEED OF TRUST MIN: looa167oooo91s2ss2 <br /> NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE ~ N <br /> APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS ~' <br /> OR ITS AUTHORIZED AGENT. <br /> DEFINITIONS <br />Words used in multiple sections ofthis document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 <br />and 21. 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 January 15th ~~, ~ 2010 ,together with <br />all Riders to this document. <br />(l3) "Borrower" is Kecia Kay Spofford and Scott C Spofford, wife and husband <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is CharterWest National Bank .Lender <br />is a Corporation __ organized and existing under the laws of the State of Nebraska <br />Lender's address is 714 N Diers Avenue Grand Island NE 68803 <br />(D) "Trustee" isCharterWest National Bank 201 South Main Street West Point, NE 68788 <br />(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a <br />nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. <br />MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, <br />Flint, ML 48501-2026, tel. (888) 679-MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated Januar 15th 2010 .The Note <br />states that Borrower owes Lender One Hundred Twent Seven Thousand Five Hundred Fift and 00/100 <br />Dollars (U,S. $127,550.00 _) plus interest. Borrower has promised <br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than Februar 1, 2040 <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br />(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the <br />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 Riders are to be <br />executed by Borrower [check box as applicable]: <br />^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider <br />^ Balloon Rider ^ Planned Unit Development Rider ^X Other(s) [specify] VA Rider <br />^ 1-4 Family Rider ^ Biweekly Payment Rider <br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulatiohs, ordinances and <br />administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. <br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges thatare <br />imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. <br />(L) "Electronic Funds Transfer" means anytransfer offends, other than a transaction originated bycheck, draft, or similar <br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as <br />to order, instruct, or authorize a financial -nstitution to debit or credit an account. Such term includes, but is not limited to, <br />point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated <br />clearinghouse transfers. <br />(i~l) "Escrow Items" means those items that are described in Section. ~. <br />(N) "Miscellaneous Proceeds" means any compensation, settlement, award ofdamages, or proceeds paid byanythird party <br />(other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the <br />Froperty; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or <br />(iv) misrepresentations of, or omissions as to, the value and/or condition ofthe Property. <br />(O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of or default on, the Loan. <br />(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) <br />any amounts under Section 3 ofthis Security Instrument. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFQRM INSTRUMENT (MERS) Form 3028 t/Ol (page / ~f8 pages) <br />12439.CV (I1/a7) 903430 Creative Thinking, Inc. <br />GOTO(OOOc60b7) <br />Return To: <br />CharterWest National Bank <br />714 N Diers Avenue <br />Grand Island, NE 68803 <br />