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200512726 DOC 10 #: 00012179955412005 and further described as: THE FOLLOWING DESCRIBED REAL PROPERTY IN HALL COUNTY, NEBRASKA: LOT TWENTY-SEVEN (27), IN BLOCK THREE (3), IN LAKE DAVIS ACRES SUBDIVISION IN HALL COUNTY, NEBRASKA. WITH THE APPURTENANCES THERETO. THIS DOCUMENT is FILED FOR RECORD BY FIDELITY NATIONAL TITLE INS. CO. AS AN ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE. The Premises includes all buildings and other improvements now or in the future on the Premises and all rights and interests which derive from our ownership, use or possession of the Premises and all appurtenances thereto. WE UNDERSTAND and agree that MERS is a separate corporation acting solely as nominee for Lender and Lender's successors and assigns, and holds only legal title to the interests granted by us in this Deed of Trust, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property, and to take any action required of Lender including, but not limited to, releasing or canceling this Deed of Trust. LOAN: This Deed of Trust will secure your loan to us in the principal amount of $ 24, 000 . 00 or so much thereof as may be advanced and readvanced from time to time to GENE D. MORRIS EMILY L. MORRIS ,and the Borrower(s) under the Home Equity Credit Line Agreement and Disclosure Statement (the "Note") dated DECEMBER 02, 2005 , plus interest and costs, late charges and all other charges releated to the loan, all of which sums are repayable according to the Note. This Deed of Trust will also secure the performance of all of the promises and agreement<;; made by us and each Borrower and Co-Signer in the Note, all of our promises and agreements in this Deed of Trust, any extensions, renewals, amendments, supplements and other modifications of the Note, and any amounts advanced by you under the terms of the section of this Deed of Trust entitled "Our Authority To You." Loans under the Note may be made, repaid and remade from time to time in accordance with the terms of the Note and subject to the Credit Limit set forth in the Note. This Deed of Trust shall secure the Note and any and all future advances made to us by you. At no time during the term of this Deed of Trust or any extension thereof shall the unpaid and outstanding secured principal future advances, not including sums advanced by you to protect the security of this Deed of Trust, exceed the following amount: $ 24, 000 . 00 . This provision shall not constitute an obligation upon or commitment of Lender to make additional advances or loans to us. OWNERSHIP: We are the sole owner(s) of the Premises. We have the legal right to mortgage, grant and convey the Premises to the Trustee. OUR IMPORT ANT OBUGATIONS: (a) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the Premises when they become due. We will not claim any credit on, or make deduction from, the loan under the Note because we pay these taxes and charges. We will provide you with proof of payment upon request. (b) MAINTENANCE: We will maintain the building(s) on the Premises in good condition. We will not make major changes in the building(s) except for normal repairs. We will not tear down any of the building(s) on the Premises without first getting your consent. We will not use the Premises illegally. If this Deed of Trust is on a unit in a condominium or a planned unit development, we shall perform all of our obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development and constituent documents. (c) INSURANCE: We will keep the building(s) on the Premises insured at all times against loss by flte, flood and any other hazards you may specify. We may choose the insurance company, but our choice is subject to your reasonable approval. The policies must be for at lea<;;t the amounts and the time periods that you specify. We will deliver to you upon your request the policies or other proof of the insurance. The policies must name you a<;; "mortgagee" and "loss-payee" so that you will receive payment on all insurance claims, to the extent of your interest under this Deed of Trust, before we do. The insurance policies must also provide that you be given not less than 10 days prior written notice of any cancellation or reduction in coverage, for any reason. Upon request, we shall deliver the policies, certificates or other evidence of insurance to you. In the event of loss or damage to the Premises, we will immediately notify you in writing and file a proof of loss with the insurer. You may file a proof viA- Initials: 6"\)'" . MERS HELOC - NE Deed ofTrust 2E01 5-NE (12/04) Page 2 of 6