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<br />2 .s-:.s- a
<br />
<br />LOAN NUMBER: 7771
<br />
<br />DEED OF TRUST
<br />(PREAUTHORIZED (OPEN END) CREDIT - FUTURE ADVANCES ARE SECURED
<br />BY THIS DEED OF TRUST)
<br />
<br />THIS DEED OF TRUST ("Security Instrument") is made on January 2, 2007, The grantor is Thomas A Emerton,
<br />husband, whose address is PO Box 40, Cairo, Nebraska 68824 ; and Seanne L Emerton, wife, whose address is
<br />PO Box 40, Cairo, Nebraska 68824 ("Borrower"). Borrower is not necessarily the same as the Person or Persons
<br />who sign the Contract. The obligations of Borrowers who did not sign the Contract are explained further in the
<br />section titled Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The
<br />trustee is Pathway Bank ("Trustee"). The beneficiary is Pathway Bank, which is organized and existing under
<br />the laws of the State of Nebraska and whose address is 306 S. High PO Box 428, Cairo, Nebraska 68824
<br />("Lender"). Thomas A Emerton and Seanne L Emerton have entered into a Equity - Line of Credit ("Contract")
<br />with Lender as of January 2, 2007, under the terms of which Borrower may, from time to time, obtain advances
<br />not to exceed, at any time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE
<br />AllV ANCES)*** of Fifty Thousand and 00/100 Dollars (U.S. $50,000.00) ("Credit Limit"). Any party
<br />interested in the details related to Lender's continuing obligation to make advances to Borrower is advised to
<br />consult directly with Lender. This Security Instrument secures to Lender: (a) the repayment of the debt under the
<br />Contract, with interest, including future advances, and all renewals, extensions and modifications of the Contract;
<br />(b) the payment of all other sums, with interest, advanced to protect the security of this Security Instrument under
<br />the provisions of the section titled Protection of Lender's Rights in the Property; and (c)theperfom1ancc of
<br />Borrower's covenants and agreements under This Security InsTrument and the Contract. For this purpose, Borrower,
<br />in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with
<br />power of sale, the following described property located in the County of Hall, State of Nebraska:
<br />
<br />Address: 13612 W Abbott Rd, Cairo, Nebraska 68824
<br />Legal Description: A tract of land located in the Southwest Quarter (SW 1/4) of Section Thirty
<br />(30), Township Twelve (12) North, Range Eleven (11) West of the 6th Principal Meridian, Hall
<br />County, Nebraska, more particularly described as follows:
<br />Beginning at the Southeast corner of the SW 1/4 of Said Section 30; thence Northerly along the
<br />East line of said SWI/4 on an assumed bearing of N 00 degrees 00' 00" E a distance of 1648.59
<br />feet; thence Westerly bearing N 89 degrees 54' 17" W a distance of 313.07 feet; thence Southerly
<br />bearing S 00 degrees 06' 06" W a distance of 1154.37 feet; thence Westerly bearing N 89 degrees
<br />24' 57" W a distance of 404.04 feet; thence Southwesterly bearing S 30 degrees 31' 53" W a
<br />distance of 262.30 feet; thence Southerly bearing S 2 degrees 06' 14" Wa distance of269.66 feet
<br />to a point on the South line of said SW 1/4; thence Easterly along the South line of said SW 1/4
<br />bearing S 89 degrees 46' 15" a distance of 862.30 feet to the point of beginning; said tract
<br />containing 17.69 acres more or less, the Southerly 33 feet of which being Hall County road right-
<br />of*way.
<br />
<br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
<br />appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
<br />covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
<br />"Property. "
<br />
<br />BORROWER COVENANTS that BOlTower is lawfully seised of the estate hereby conveyed and has the right to
<br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of record,
<br />Borrower walTants and will defend generally the title to the Property against all claims and demands, subject to
<br />any encumbrances of record.
<br />
<br />Borrower and Lender covenant and agree as follows:
<br />
<br />Payment of Principal and Interest; Other Charges. Borrower shall promptly pay when due the principal of and
<br />interest on the debt owed under the Contract and any late charges or any other fees and charges due under the
<br />Contract.
<br />
<br />(;) 2004-2006 Copyright Compliance Syslems. Inc. EDC4-85B5 - 2006,05, 166
<br />Consumer Real Estate. Securit Instrument DL2036
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