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<br />
<br />LOAN NUMBER: 08766
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST ("Security Instrument") is made on January 2, 2008. The grantor is Ricky A. Leth and
<br />Janice L. Leth, husband and wife, whose address is POBox 338, Cairo, Nebraska 68824 ("Borrower").
<br />Borrower is not necessarily the same as the Person or Persons who sign the Note. The obligations of Borrowers
<br />who did not sign the Note are eXplained further in the section titled Successors and Assigns Bound; Joint and
<br />Several Liability; Accommodation Signers. The trustee is Pathway Bank whose address is PO Box 428, Cairo,
<br />Nebraska 68824 . ("Trustee"). The beneficiary is Pathway Bank, which is organized and existing under the laws
<br />of the State of Nebraska and whose address is 306 S. High PO Box 428, Cairo, Nebraska 68824 ("Lender").
<br />Ricky A. Leth and Janice L. Leth owe Lender the principal sum of Two Hundred Ninety Thousand and
<br />00/100 Dollars (U.S. $290,000.00), which is evidenced by the note, consumer loan agreement, or similar writing
<br />dated the same date as this Security Instrument (the "Note"), which provides for periodic payments ("Periodic
<br />Payments"), with the full debt, ifnot paid earlier, due and payable on January 4, 2013. This Security Instrument
<br />secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions
<br />and modifications of the Note; (b) the payment of all other sums, with interest, advanced to protect the security of
<br />this Security Instrument under the provisions of the section titled Protection of Lender's Rights in the Property;
<br />and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For
<br />this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to
<br />Trustee, in trust, with power of sale, the following described property located in the County of Hall, State of
<br />Nebraska:
<br />
<br />Address: 406 E. Nebraska Place" Cairo, Nebraska 68824
<br />Legal Description: Lot Five (5), Gascho-Jantzi Subdivision, to the Village of Cairo, Hall County,
<br />Nebraska
<br />Parcel ID/Sidwell Number: 400379058
<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 Borrower 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 warrants 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; Prepayment and Late Charges. Borrower shall promptly pay when due the
<br />principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the
<br />Note.
<br />
<br />Applicable Law. As used in this Security Instrument, the term "Applicable Law" shall mean all controlling
<br />applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have
<br />the effect of law) as well as all applicable final, non-appealable judicial opinions.
<br />
<br />Funds for Taxes and Insurance. At Lender's request and subject to Applicable Law, Borrower shall pay to
<br />Lender on the day periodic payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a)
<br />yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)
<br />yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance
<br />premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f)
<br />any sums payable by Borrower to Lender, in accordance with the provisions of the paragraph titled Mortgage
<br />Insurance, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items."
<br />Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a
<br />federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate
<br />Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.c. Section 2601 et seq. ("RESPA"),
<br />
<br />02004.2007 Copyright Camphane. System., Ino, gC9C-7AgF - 200701.201
<br />cr,_R~_I~.,tate - Security Instrument DL2036
<br />
<br />PaRe] of6
<br />
<br />www.c()l.npliil.neesY:!j.tern~.com
<br />800.968.8522. fax 616.956.18681
<br />
<br />Initial$
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