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(D <br />," <br />(fJ "- Ul <br /> 1\ Q;:) ?'<: OJ <br /> t- :r>- r'0 <br /> U1 ~ '--" <br /> c...> (Jl> OJ ...... <br /> (f) Z <br /> n <br /> <br />n <br />~~ <br />OCll <br />~:r <br /> <br />I\.J <br />S <br />S <br />01 <br />S <br />(,0 <br />(j) <br />I\.J <br />(j) <br /> <br />J <br /> <br />-~~'TRUST <br /> <br />PARTIES: This Deed of Trust is made on 09/02/2005 among, the Grantor, RANDALL L CHITTY and JOAN E CHITTY, HUSBAND AND <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 SA VINOS AND LOAN ASSOCIA nON OF ORAND 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 lawfully seized, described 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: 414 SUNSET DR, DONIPHAN, Nebraska 68832 <br /> <br />LEGAL DESCRIPTION: <br /> <br />LOT SEVENTEEN (17), AMICK ACRES WEST SUBDIVISION, 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 perfonnance 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 />II A PROMISSORY NOTE AND SECURITY AGREEMENT DATED 09/02/2005 <br /> <br />II 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 August 27, 2010 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 $35.061.00. 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 oftrust 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 ib:1ttached to this deed of trust and made a part hercof 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 cOllvenants contained in this deed oftrust, including those on page <br />2, and in any riders described ab~:e signed by Borrower. ''2 ) <br /> <br />f ,,^_9.-eU i ~ 7 'DD1'Y1 E <br />RANDALL L CHITTY JOAN E CHITTY <br /> <br />L~(1J <br /> <br />ACKNOWLEDGMENT: STATE OF NEBRASKA, HALL COUNTY SS: <br />The foregoing instrument was acknowledged before me on 09/02/2005 <br />By RANDALL L CHITTY and JOAN E CHITTY, HUSBAND AND WIFE <br /> <br />My commission expires: Pee. 2}T, 2~cP ~ c2, I::-~ <br /> <br />lINElW. NOT MY . Slate of Nebl88kl <br />CHRIS L. KASKIE <br />My Comm. Exp. Dee. 29, 20lII <br /> <br />(Notary Public) <br />