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<br /> DEED OF TRUST MIN: 100416700012132016
<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 />
<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 13tb 2011 , togetherwith
<br /> all Riders to this document.
<br /> (B) "Borrower" is Brandon K Warner and Crystal M Warner, husband and wife
<br />
<br />
<br /> Borrower is the trustor under this Security Instrument.
<br /> (C) "Lender" is CharterWest National Bank Lender
<br /> is aCorporation 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" is CharterWest National Bank 201 South Main Street PO Box 288 West Point, NE 68788
<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 /> MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026,
<br /> Flint, MI 48501-2026, tel. (888) 679-MERS.
<br /> (F) "Note" means the promissory note signed by Borrower and dated January 13th 2011 . The Note
<br /> states that Borrower owes Lender One Hundred Eighteen Thousand Seven Hundred Ninety Five and 00/100
<br /> Dollars (U.S. $118,795.00 ) plus interest. Borrower has promised
<br /> to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1, 2041
<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
<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 of damages, or 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
<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 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 of this Security Instrument.
<br /> NEBRASKA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 1/01 (page 1 of8 pages)
<br /> I2439.CV (1/08) 904606 Creative Thinking, Inc.
<br /> GOTO(00146281)
<br /> Return To: r'
<br /> CharterWest National Bank
<br /> 714 N Diers Avenue
<br /> Grand Island, NE 68803
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