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2.00407144 <br />HOME EQUITY LINE OF CREDIT AGREEMENT AND PROMISSORY NOTE TO: <br />Edward Jones Mortgage, LLC $�� ��4 Z 7, 5 <br />WITH AN INITIAL AMOUNT OF @cj��, ,yAND � A MAXIMUM AMOUNT OF $85,000.00 <br />DATED June 29, 2004, WITH A FINAL MATURITY DATE OF July 15, 2014. <br />B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary <br />under any promissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of <br />Beneficiary after this Security Instrument whether or not this Security Instrument is specifically <br />referenced. If more than one person signs this Security Instrument, each Trustor agrees that this Security <br />Instrument will secure all future advances and future obligations that are given to or incurred by any one <br />or more Trustor, or any one or more Trustor and others. All future advances and other future obligations <br />are secured by this Security Instrument even though all or part may not yet be advanced. All future <br />advances and other future obligations are secured as if made on the date of this Security Instrument. <br />Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or <br />advances in any amount. Any such commitment must be agreed to in a separate writing. <br />C. All other obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by <br />law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement <br />between Trustor and Beneficiary. <br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise <br />protecting the Property and its value and any other sums advanced and expenses incurred by Beneficiary <br />under the terms of this Security Instrument. <br />In the event that Beneficiary fails to provide any necessary notice of the right of rescission with respect to any <br />additional indebtedness secured under paragraph B of this Section, Lender waives any subsequent security <br />interest in the Trustor's principle dwelling that is created by this Security Instrument (but does not waive the <br />security interest for the debts referenced in paragraph A of this Section). <br />5. DEED OF TRUST COVENANTS. Trustor agrees that the covenants in this section are material obligations <br />under the Secured Debt and this Security Instrument. If Trustor breaches any covenant in this section, <br />Beneficiary may refuse to make additional extensions of credit and reduce the credit limit. By not exercising <br />either remedy on Trustor's breach, Beneficiary does not waive Beneficiary's right to later consider the event a <br />breach if it happens again. <br />Payments. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance <br />with the terms of the Secured Debt and this Security Instrument. <br />Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien <br />document that created a prior security interest or encumbrance on the Property, Trustor agrees to make all <br />payments when due and to perform or comply with all covenants. Trustor also agrees not to allow any <br />modification or extension of, nor to request any future advances under any note or agreement secured by the <br />lien document without Beneficiary's prior written approval. <br />Claims Against Title. Trustor will pay all taxes (including any tax assessed to this Deed of Trust), assessments, <br />liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when <br />due. Beneficiary may require Trustor to provide to Beneficiary copies of all notices that such amounts are due <br />and the receipts evidencing Trustor's payment. Trustor will defend title to the Property against any claims that <br />would impair the lien of this Security Instrument. Trustor agrees to assign to Beneficiary, as requested by <br />Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor or materials to <br />maintain or improve the Property. <br />Property Condition, Alterations and Inspection. Trustor will keep the Property in good condition and make <br />all repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impairment, or <br />deterioration of the Property. Trustor agrees that the nature of the occupancy and use will not substantially <br />change without Beneficiary's prior written consent. Trustor will not permit any change in any license, <br />restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify Beneficiary of <br />all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property. <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for <br />the purpose of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an <br />inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely <br />for Beneficiary's benefit and Trustor will in no way rely on Beneficiary's inspection. <br />Authority To Perform. If Trustor fails to perform any duty or any of the covenants contained in this Security <br />Instrument, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints <br />Beneficiary as attorney in fact to sign Trustor's name or pay any amount necessary for performance. <br />Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's failure to <br />perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or this <br />Security Instrument. <br />Leaseholds; Condominiums; Planned Unit Developments. Trustor agrees to comply with the provisions of <br />any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a <br />planned unit development, Trustor will perform all of Trustor's duties under the covenants, by -laws, or <br />regulations of the condominium or planned unit development. <br />Condemnation. Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or <br />public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any <br />other means. Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described <br />AU #: 62590 <br />NEBRASKA - HOME EQUITY LINE OF CREDIT DEED OF TRUST (NOT FOR FNMA, FI� FHA, OR VA USE) <br />Page 2 of 5 <br />1/31/2003 Borrower's Initials: 0 _ <br />