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~~ <br />Illllllllllllllllllllllwlwr~ ~ ~ ~ "-~ ca ~ .,~' <br />~ ~ ~;.; ~ <br />~ ~ ~ ~ s~C ;z~ ~ \ c~' -~ rr1 ~ l7 <br />~ ~ ~ ~ ~ t/1 (~ ~' `~~ Fes-' ~ ~ ~ CJ7 <br />~~ ~ ~ f~ Tr C!-1 <br />~ ~ <br />DEFINITIONS <br />[Space Above This Line For Recording Data] <br />DEED OF TRUST <br />~~ <br />ti <br />~.:: <br />Wards used in multiple sections of this document ors defined belew and other words are defined in Sections 3, 11, 18, 18, 2fl 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 MAY 1 7 , 2 0 1 0 ,together with all Riders to this <br />document. <br />(B)"t3orrower"is TIMOTHY A KUSZAK, A SINGLE PERSON <br />orrower Is the trustor un er t Is ecunty nstrument. <br />(C)"Lender"is PLATTE VALLEY 57ATE BANK & TRUST CO Lenderisa <br />T organized and existing under t e aws o _1HE STATE OF <br />N E e R A 5 K A en ers a ress is ..2223_ SECOND AVE. KEARNEY. NE 681347 <br />. Lender is is t 1~~ene~iciary under <br />t is ecunty ns rument. <br />(D)"Trustee"is FIRST NATIONAL BANK OF OMAHA <br />A <br />(E) "Note" means the promissory note signed by Borrower and dated MAY 1 7 , 2 07.0 The Note states that <br />BorrowerowesLender ONE HUNDRED FIFTY 5IX TNDUSA EN7Y FIVE <br />A N 0 / 1 0 oars (U.S. $ 7. plus interest. <br />orrower as promise to pay t Is a rn regu ar eno Ic ayments and to pay the de t In u I not later t an <br />JUNE 1.___29 4 0 __. ____ . <br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br />{G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and (ate charges due under the Note, and <br />all 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 bo executed by <br />borrower [check box as applicable]: <br />^Adjustabla Rate Rider ^Condominium Rider ^Secand Home Rider <br />^ galloon Rider 0 Planned Unit Development Rldar ^ Other(s} (specify) <br />^ 1-4 Family Rider ^ Biweekly Payment Rider <br />(I) "Applicable LaW" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative <br />rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. <br />(J) "Community Association 17ues, Fees and Assessments" means all dues, fees, assessments and other charges that are <br />imposed an Borrower nr the Prcperty by a condominium association, homeowners association or similar organization. <br />(K) "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 to order, <br />instruct, or authorize a financial institution to debit ar credit an account. Such term includes, but is not limited to, point-of-sale <br />transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />transfers. <br />{L) "Escrow Items" means those items that are described in Section 8, <br />M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, ar proceeds paid by any third party <br />other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; <br />ii) condemnation nr other taking of all or anyy part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations <br />of, or omissions as to, the value and/or condition of the Property. <br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />(O) "P®riodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any <br />amounts under Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U,S.C. § 26Q1 et seq.) and its implementing regulation, <br />RRegulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or <br />regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers tv all requirements and <br />restrictions that are imposed in regard to a "federally related mortgage loan" even rf the Loan does not qualify as a "federally related <br />mortgage loan" under RESPA. <br />(d) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has <br />assumed Borrower's obligations under the Note and/or this Security Instrument, <br />AFTER RECQRPiNG RETURN TO: <br />PLATTE VALLEY STATE BANK & TRUST CO <br />MORTGAGE LOAN DEPARTMENT <br />2223 SECOND AVE <br />KEARNEY, NE 68847 <br />NEBRASKA-Single Family-Fannie Mae/Freddle Mac UNIFORM IN5TRWMENT Form 3D28 1/D1 (page 1 pf 7 pages) <br />3028 NE DOT 1/01 PG1 ~~~ <br />