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<br /> Space Above This Line For Recording Data
<br />DEED OF TRUST MIN: 100416700009291718 ~ h
<br />NOTICE: THI5 LOAN IS NOT ASSUMABLE WITHOUT THE ~'~
<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 2 I , Certain rules regarding the usage of words used in this document are also provided in Section 1 b.
<br />(A) ``Security instrument" means this document, which is dated February 24th 2010 ,together with
<br />all Riders to this document.
<br />(B) "Borrower" is Ryan S Simons and Larissa M Simons, husband and wife
<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 Aveuue Grand Island NE 68803
<br />(D) "Trustee" isCharterWest National Bank 201 South Main Street West Point, NE 68788 ~~
<br />(E) "HERS" is Mortgage Electronic Registration Systems, Inc. HERS is a separate corporation that is actin; solely as a
<br />nominee for Lender and Lender's successors and assigns. HERS is the beneficiary under this Security Instrument.
<br />HERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026,
<br />Flint, M148501-2026, tel. (8$8) 679-HERS.
<br />(F) "Note" means the promissory note signed by Borrower and dated __ February 24th 201p .The Note
<br />states that Borrower owes Lender One Hundred Twent Seven Thousand Six Hundred Ei ht Seven and 00/100
<br />_ Dollars (U.S. $127,687.00 _ )plus interest. Borrower has promised
<br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 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 />^ l-4 Family Rider ^ Biweekly Payment Rider
<br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, 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 that are
<br />imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
<br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, 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 institution 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 />(M) "Escrow Items" means those items that are described in Section 3.
<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 />Property; (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 of the Property.
<br />(O) "Mortgage Insurance" means insurance protecting Lander 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 of this Security Instrument.
<br />NEBRASKA--Single Family--Fannie Mac/Freddie Mac UNIFORM INSTRUMENT (MFRS) Form 3028 1/Ot (page ! q/8 pages)
<br />12439.CV (I I/07) 9(13480 Creative `thinking, Inc.
<br />GpTp(o00ecdd4)
<br />Return To:
<br />CharterWest National Bank ~
<br />714 N Diers Avenue
<br />Crand Island, NE 68803
<br />
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