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~,. <br />w <br />~ n ~ r,: m <br />N <br />...a ~ (n ~ © ~ C~ -4 <br />~ ~' ` '~ ~ ---I N ~ <br />y ~ c~ CV ~ ~ r..a ~ <br />~ ~ ~ ~ 7,~ ~ ~ n~ ~ 2 <br />~ ~ ~~ ~ rte- ~ C.~J ~] <br />~.~ u-> c'' ~ ~ m <br />- - ~ cry `-'' `~ <br />u-1 cry cra z <br />"' O <br />Space Above This Line For Recording Data] <br />DEED OF TRUST MIN: 100416700010029057 <br />NOTICE: THIS 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 21. Certain rules regarding the usage of words used in this document are also provided in Section I6. <br />(A) "Security Instrument" means this document, which is dated __ _ _ __ May 2l st 2010 ,together with <br />all Riders to this document. <br />(B) "Borrower" is Andrew L Billington, a single person <br />Borrower is the trustor under this Security Instrument. <br />(C) "Lender" is CharterWest National Bank <br />Lender <br />is a Cor oration 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" is1.1.S. Bank Trust Com any, National Association 111 SW Fifth Avenue Portland, OR 97204 <br />(E) "MFRS" 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. MFRS is the beneTiciary under this Security Instrument. <br />MFRS 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$$) 679-MFRS. <br />(F) "Note" means the promissory note signed by Borrower and dated May 21st 2010 .The Note <br />states that Borrower owes Lender Ei ht Six Thousand Fift and 00/100 <br />Dollars (U.S. $86,050.00 .__ _) plus interest. Borrower has promised <br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 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 ® Other(s) [specify] VA Rider <br />^ 1-4 Family Rider ^ Biweekly Payment Rider Mort a e Addendum <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 orgamzat-on. <br />(L) "Electronic Funds Transfer" means any transfer 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 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 of damages, or proceeds paid by anythird 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 afthe Property. <br />(O) "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or default an, 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 Mac/Freddie Mac [INIFORM INSTRUMENT (MFRS) Form 3028 1/U1 (page 1 af8pages) <br />12439.CV (11/07) 903790 Creative Thinking, Inc. <br />GOTG(00I OOA23) <br />Return To: ~ L~ <br />CharterWest National Bank _ <br />714 N Diers Avenue <br />Grand Island, NE 68803 <br />