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<br />[Space Above This Line For Recording Data]
<br />~~ED OF TRUST MIN: 100052217012420738
<br />DEFINITIONS
<br />Words used in multiple sections of this 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 l 6.
<br />(A) "Security Instrument" means this document, which is dated Au ust 19th 2010 ,together with
<br />all Riders to this document.
<br />(B) "Borrower" is Cody J. Simmons and Kelly K. Simmons, as husband and wife
<br />Borrower is the trustor under this Security Instrument.
<br />(C) "Lender" is Pinnacle Bank . [.ender
<br />is a Cor oratiou organized and existing under the laws of the State of Nebraska
<br />Lender's address is 320 G Street Central Cit NE 68826
<br />(D) "Trustee" isPinnacle Bank 13131 West Dodge Rd Omaha, NE 68154
<br />(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS 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 />M[.RS is organized and existing under the laws of Delaware, and has an address and telephone number of ['.O. Box 2026,
<br />Flint, MI 48501-2026, tel. (888) 679-MERS.
<br />(F) "Note" means the promissory note signed by Borrower and dated August 19th 2010 .The Note
<br />states that Borrower owes Lender One Hundred Ei ht Nine Thousand Four Iluudred and 00/100
<br />Dollars (U.S. $.1.89,400.00 _) plus interest. Borrower has promised
<br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2040 _- _
<br />(G) "Property" means the property that is described helow 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 />(1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to he
<br />executed by Borrower [check box as applicable]:
<br />^ Adjustable Rate Rider ^ Condominium Rider ^ Second I-come Rider
<br />^ Balloon Rider ^ Planned Unit Development Rider ^ Other(s) [specify]
<br />^ 1-4 Family Rider ^ Biweekly Payment Rider
<br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
<br />administrattve 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 Assessmeuts"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 orgam?ation.
<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 of damages, or proceeds paid by anythird party
<br />(other than insurance proceeds paid under the coverages described in Section S) 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 m 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 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 UNIFORM INSTRUMENT (MERS) Form 3028 1/Ol (page i of 8 pages)
<br />12439.CV (1 Uo7) 6898908440 (:restive Thinking, Inc.
<br />GOTC~(0028dcdd)
<br />BANKERS TITLE AGENCY
<br />1227 GOLDEN GATE DRIVE I~-~~~"l5
<br />PAPiLLION, NE 68046
<br />
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