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<br />(f) <br />(f) <br /> <br />o <br />rv <br />o <br />C) <br />CO <br />C) <br />C) <br />C) <br />Ul <br />W <br /> <br />101 <br />.....:,.c::,. <br />:==i <br />r'll <br />::.0 <br />1""11 <br />f.::::;l <br />>- <br />C./) <br /> <br /> ;to n ~ <br /> m ::I: <br /> .J- -n m CI) r"'"",'" <br /> c: c..::~'"') <br /> n ::c iI:'..:::> <br /> C Z ~ ClO <br /> ('\ <br /> ~ :s: ~ c '- <br /> ~ ~ _.,.....~ = <br />N (f) IT' Z <br />S ~ ::I: ~"') <br />s 71 (~ <br />Q:) ..." W <br />s It )'" r <br /> 0 1',-" <br />S (\ ',"-...,' <br />S ill ", ::n <br /> rrl /', <br />CJl rc 1.""J r 3 <br />w ~ if) <br /> ,. ........ <br /> h 1--" <br /> '""'- <br /> "- N <br /> 0 <br /> <br /> <br />C) (I: <br />o ~,_.i <br />C J":!o- <br />Z --<<! <br />-.;rT1 <br />-< <br /> <br />c) -r; <br /> <br />....~;:Jl' <br />~- <br />CD <br />_-l <br />::X~j <br />(:::: <br />5:: <br />in <br />'"2" <br />::::.j <br /> <br /> <br />C'~j <br />r- :-'0 <br />r- :l:~ <br />(jJ <br />X <br />l> <br />~ '-'" <br /> <br />-:> <br /><:5 <br /> <br />DEED OF TRUST c::::; <br />-v--. <br />PARTIES: This Deed of Trust is made on 12/20/2007 among, the Grantor, FRANK D SMUTNY and DIANE E SMUTNY, HUSBAND AND 0 <br />WIFE ("Borrower"), <br />AREND R BAACK, ATTORNEY, whose residence address is P. O. Box 790, Grand Island, Hall County, Nebraska ("Trustee"), and the <br />Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, a corporation organized and existing under the <br />laws of NEBRASKA whose address is 221 SOUTH LOCUST STREET, GRAND ISLAND, NEBRASKA 68801 ("Lender"). <br />CONVEYANCE: For value received, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the real property, of <br />which Borrower is lawfblly seized, de:;cribed below and all buildings, fixtures, and existing and future improvements thereon and all rights-of- <br />way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and any appurtenances thereunto belonging (all called the <br />"property"). <br />PROPERTY ADDRESS: 206 WAINWRIGHT ST, Grand Island, Nebraska 68801-8374 <br /> <br />LEGAL DESCRIPTION: <br /> <br />LOT FIVE (5), IN VILLA MAR DEE SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> <br />Located in Hall County, Nebraska. <br />TITLE: Borrower convenants and warrants title to the property, except for <br /> <br />SECURED DEBT: This deed of trust secures to Lender repayment of the secured debt and the performance of the convenants and agreements <br />contained in this deed of trust and in any other document incorporated herein. Secured debt, as used in this deed of trust, includes any amounts <br />Borrower owes to Lender under this deed of trust or under any instrument secured by this deed of trust, and all modifications, extensions and <br />renewals thereof. <br />The secured debt is evidenced by (List all instruments and agreements secured by this deed of trust and the dates thereof.): <br /> <br />. A PROMISSORY NOTE AND SECURITY AGREEMENT DATED 12/20/2007 <br /> <br />. Future advances: The above amount is secured even though all or part of it may not yet be advanced. Future advances are <br />contemplated and will be secured to the same extent as if made on the date of this deed of trust is executed. <br /> <br />o Revolving line of credit agreement dated , with initial annual interest rate of % <br />All amounts owed under this agreement are secured even though all amounts may not yet be advanced. Future advances under <br />the agreement are contemplated and will be secured to the same extent as if made on the date this deed of trust is executed. <br /> <br />The above obligation is due and payable on December 25, 2014 ifnot paid earlier. <br />The total unpaid balance secured by this deed of trust at anyone time shall not exceed a maximum principal amount of $36,952.50, plus <br />interest, plus any amounts disbursed under the terms of this deed of trust to protect the security of this deed of trust or to perform any of the <br />covenants contained in this deed of trust, with interest on such disbursements. <br />o Variable Rate: The interest rate on the obligation secured by this deed of trust may vary according to the terms of that obligation. <br />o A copy of the loan agreement containing the terms under which the interest rate may vary is attached to this deed of trust and <br />made a part hereof. <br /> <br />RIDERS: ASSIGNMENT OF RENTS <br /> <br />DESIGNATION OF HOMESTEAD <br />Pursuant to the Farm Homestead Protection Act, designation of homestead iC1ttached to this deed of trust and made a part hereof has <br />o been disclaimed; the disclaimer is attached to this deed of trust and made a part hereof. <br /> <br />SIGNATURES: By signing below, Borrower agree to the terms and convenants contained in this deed of trust, including those on page <br />2, and in any riders descri~ej-abov signed orr er. y: .,'~ A'-~ <br /> <br />IV .~4J! :;. - (:Yr0~Ak~ <br /> <br />FRANK D SMUTNY DIANE E SMUTNY <br /> <br /> <br />ACKNOWLEDGMENT: STATE OF NEBRASKA, HALL COUNTY SS: <br />The foregoing instrument was acknowledged before me on 12/20/2007 <br />By FRANK D SMUTNY and DIANE E SMUTNY, HUSBAND AND WIFE <br /> <br />Myoommi"ionexpire" Id-19-,;(DII ,_~01<~ <br /> <br /> <br />G8iIW. NOTARY - S1ate of Nebraska <br />SHARON K. KLEINT <br />IIr c:onm &p. Dee. 19.2011 <br /> <br /> <br /><Notary Public) <br />