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<br />(Space Above This Line For Recording Data) <br /> <br />DEED OF TRUST <br /> <br />JI.OV <br /> <br />LOAN NUMBER: 9473 <br /> <br />THIS DEED OF TRUST ("Security Instrument") is made on June 24, 2008. The grantor is Colleen A. Smith, <br />aka Colleen A. Voss, a single person, whose address is 9506 S Nebraska Hwy 11, Wood River, Nebraska 68883 <br />("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign the Note. The obligations of <br />Borrowers who did not sign the Note are explained further in the section titled Successors and Assigns Bound; <br />Joint and Several Liability; Accommodation Signers. The trustee is Pathway Bank whose address is PO Box <br />428, Cairo, Nebraska 68824 ("Trustee"). The beneficiary is Pathway Bank, which is organized and existing under <br />the laws ofthe State of Nebraska and whose address is POBox 428, Cairo, Nebraska 68824 ("Lender"). Colleen <br />A. Smith and August Peters owe Lender the principal sum of Forty~four Thousand and 00/100 Dollars (U.S. <br />$44,000.00), which is evidenced by the note, consumer loan agreement, or similar writing dated the same date as <br />this Security Instrument (the "Note"), which provides for monthly payments ("Periodic Payments"), with the full <br />debt, if not paid earlier, due and payable on June 24, 2023. This Security Instrument secures to Lender: (a) the <br />repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the <br />Note; (b) the payment of all other sums, with interest, advanced to protect the security of this Security Instrument <br />under the provisions of the section titled Protection of Lender's Rights in the Property; and (c) the performance <br />of Borrower's covenants and agreements under this Security Instrument and the Note. 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 />Legal Description: Lot One (I), and Lot Two (2), Cedarview Estates Subdivision, Hall County, State <br />of Nebraska <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 (t) <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 />unless another Applicable Law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, <br />collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds <br />due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in <br />accordance with Applicable Law. <br />02004-2007 Copyright Compliance Systems, Inc. 2941-6E4E - 2007.07,230 <br />ronsumer Resl Estate - Security Instrument DL2036 <br /> <br />Initials <br /> <br />www.compliancesystems.com <br />800-968-8522 - fa. 616-956.18681 <br /> <br />P'~e I 0(6 <br />