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<br />200610673 <br /> <br />DEFINITIONS <br /> <br />Words used in multiple sections of this Security Instrument are defined below and other words are defined in <br />Sections 3, 10, 12, 17, 19, and 20. Certain rules regarding the usagc of words used in this Security Instrument arc also <br />provided in Section 15. <br /> <br />(A) "Security Instrument" means this Home Equity Line of Credit Deed of Trust, which is dated November 7, 2006, <br />together with all Riders to this document. <br /> <br />(B) "Borrower" is Donald E. Krauss and Constance L. Krauss, husband and wife. Borrower is the trustor under <br />this Security Instrument. <br /> <br />(C) "Lender" is EverHome Mortgage Company. Lender is a Federal Savings Bank organized and existing under <br />the laws of the United States of America. Lender's address is 8201 Cypress Plaza Drive, Suite 100, Jacksonville, FL <br />32256. <br /> <br />(D) "Trustee" is First American Title Insurance Company. <br /> <br />(E) "MERS" is Mortgage Electronic Registration Systems, hlC. 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. MERS <br />is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MY <br />48501-2026, tel. (888) 679-MERS. <br /> <br />(F) "Agreement" means the Home Equity Line of Credit Agreement and Promissory Note signed by Borrower and <br />dated November 7, 2006. The Agreement states Lender has agreed to make advances to Borrower under the terms of the <br />Agreement, such advances to be of a revolving nature. The total outstanding principal balance owing at anyone time under the <br />Agreement (not including chargcs and collection costs which may be owing from time to time under the Agreement) not to exceed <br />the Credit Limit of Ten Thousand and OO/IOOths Dollars (U.S. $10,000.00) plus interest. Borrower has promised to pay <br />the total outstanding balance in Periodic Payments and to pay the entire debt in full not later than December I, 2031. <br /> <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br /> <br />(H) "Account" means the debt evidenced by the Agreement, plus interest, any other charges due under the Agreement, <br />and all sums due under this Security Instrument, plus interest. <br /> <br />(I) "Riders" means all Riders to this Security mstrument that are executed by Borrower. The following Riders are to <br />be executed by Borrower (check box as applicable]: <br /> <br />D Adjustable Rate Rider <br />D Balloon Rider <br />D Home Improvement Rider <br />D Other(s) {specify] <br /> <br />D Condominium Rider <br />D Planned Unit Development Rider <br />D Revocable Trust Rider <br /> <br />D Second Home Rider <br />D Biweekly Payment Rider <br /> <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 /> <br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that <br />are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. <br /> <br />Nebraska Homc ICquity Line of Crcdit Dced of Trust - Secondary Lien MERS Modificd <br />-THE COMPLIANCE SOURCE, INL- Page 2 of 14 <br />www.conlpliancesourcc.com <br /> <br />4S249NE Olll02 <br />(j:~2002. The Compliance Source, Inc. <br /> <br />6119004356 <br />