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<br />[Space Above This Line For Recording Data]
<br />DEED OF TRUST MIN: 100416700014384078
<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 16.
<br />(A) "5ecurity Instrument" means this document, which is dated June 2nd , 2011 , togetherwith
<br />all Riders to this document.
<br />(B) "Borrower" is Gina M Simmons and Brian G Simmons, wife and husband
<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 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 />(� °°Note" means the promissory note signed by Borrower and dated June Znd � 2011 ,'I'he Note
<br />states that Borrower owes Lender One Hundred Forty Four Thousand Seventy Five and 00/100
<br />Dollars (U.S. $144,075.00 ) plus i�rterest. Borrowerhas promised
<br />to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 1, 2041
<br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
<br />(� "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the
<br />Note, and all swns due under this Security Insirument, plus interest.
<br />(n "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] _
<br />❑ 1-4 Family Rider ❑ Biweekly Payment Rider
<br />(� "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
<br />administrative rules and orders (that have the e�ect of law) as well as all applicable final, non-appealable judicial opinions.
<br />(I� "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other char�es that are
<br />unposed on Bonower or the Properly by a condominium association, homeowners association or similar orgazuzarion.
<br />(L) G°Electronic Funds Transfer" means any transfer of funds, other than a transaction originatedby check, draft, or similar
<br />paper instrument, which is initiated through an electronic ternunal, telephonic instrument, computer, or magnetic tape so as
<br />to order, instruct, or authorize a financial institution to debit or credit an accoun� Such term includes, but is not limrted 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 anycompensation, settlement, award ofdamages, orproceedspaidbyanythirdparty
<br />(other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destrucnon 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) rnisrepresentations of, or omissions as to, the value and/or condition of the Property.
<br />(0) "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 IJNIFORM INSTRUMENT (MERS)
<br />12439.CV (1/08) 905488
<br />Form 3028 1/Ol (page 1 of 8 pages)
<br />Creative Thinking, Inc.
<br />� �� �I�
<br />�s
<br />GOTO(0016aa7e)
<br />Return To:
<br />CharterWest National Bank
<br />714 N Diers Avenue
<br />Grand Island, NE 68803
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