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<br />W ILL ~ /'CJ<" U' P
<br />WHEN RECORDED MAIL TO:
<br />Howard County Bank a branch of Sherman County
<br />Bank
<br />St Paul
<br />PO Box 84
<br />SI. P8ul, NE 68873
<br />
<br />200809552
<br />
<br />"80"~O
<br />
<br />[Space Above This Line For Recording Data)
<br />
<br />DEED OF TRUST
<br />
<br />DEFINITIONS
<br />
<br />Words used In multiple sections of this document are defined below and other words are defined in SectionsJ, 11, 13, 18,20 and 21. Certain
<br />rules regarding the usage of words used in this document are also provided in Section 16.
<br />
<br />(A) "Security Instrument" meims this document,'which Is dated November 13, 200B, together with all Riders to this docdment. "
<br />(B) "Borrower" Is Justin M. Tollman, whose address Is '4080 Horseshoe PI, Grand Island, NE 68803 and Tami M. Tollman, whose address Is
<br />4080 HorseshoePI,Grand Island, NE 68803; husband and wife, as'Joint tenants, not tenants incommon,. Borroweris the trustor under this
<br />Security Instrument. . '" " , "', . ,:. "., , ' " , '
<br />(C) "Lender" Is Howard County Bank a branch of Sherman County Bank. Lender is a a Nebraska Corporation organized and existing under the
<br />laws of Nebraska. Lender's address is St Paul, PO Box 84, 5t. Paul, NE 68873. Lender Is the beneficiary under this Security Instrument. '
<br />(D) "Trustee" Is Sherman County Bank.
<br />(E) "Note" means the promissory note signed by Borrower and dated November 13, 2008. The Note states that Borrower owes Lender One
<br />Hundred Twenty-one Thousand Six Hundred & 00/100 Dollars (U.S. $121,600.00) plus interest. Borrower has promised to pay this debt in
<br />regular Periodic Payments and to pay the debt In full not later than December 1, 2023.
<br />(F) "Property" means the property that Is described below under the heading ''Transfer of Rights in the Property,"
<br />(G) "Loan" means the debt evidenced by the Note, plus Interest, any prepayment charges and late charges due under the Note, and all sums
<br />due under this Security Instrument, plus Interest.
<br />(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower
<br />[check box as applicable):
<br />
<br />o Adjustable Rate Rider
<br />
<br />o Balloon Rider
<br />
<br />o 1-4 Family Rider
<br />
<br />o Condominium Rider
<br />o Planned Unit Development Rider
<br />o Biweekly Payment Rider
<br />
<br />o Second Home Rider
<br />o Other(s) [specify)
<br />
<br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and
<br />orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
<br />(J) "Community Association Dues, Fees, and Assessmenls" means all dUes, fees, assessments and other charges that are imposed on
<br />Borrower or the Property by a condominium association, homeowners association or similar organization,
<br />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument,
<br />which is initiated through an electronic terminal, telephonic Instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial
<br />Institution to debit or credit an account. Such term Includes, but is not limited 10, point-of-sale transfers, automated teller machine transactions,
<br />transfers initialed by telephone, wire transferS,and automated clearinghouse transfers.' '
<br />(L) "Escrow Items" means those items .that are described in Section 3. '
<br />(M) "Miscellaneous Proceeds" means any compensation, settlement,award of damages, or proceeds paid by any third party (other than
<br />insurance proceeds paid under the coverages described in Section 5) for: (I) damage to, or destruction of, the Property; (i1) condemnation or other
<br />taking of all or any part of the Property; (iii) conveyance In lieu of condemnation; or (Iv) misrepresentations of, or omlsslon~as to, the value and/or
<br />condition of the Property.
<br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan,
<br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and Interest under the Note, plus (ii) any amounts under
<br />Section 3 of this Security Instrument.
<br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U,S,C. ~ 2601 et seq.) and Its implementing regulation, Regulation X (24
<br />C.F.R. Part 3500), as they might be amended from time to time, or any addlllonal or successor legislation or regulation that governs the same
<br />subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally
<br />related mortgage loan" even if the Loan does not qualify as a ''federally related mortgage loan" under RESPA.
<br />(Q) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's
<br />obligations under the Note and/or this Security Instrument.
<br />
<br />TRANSFER OF RIGHTS IN THE PROPERTY
<br />
<br />This Security Instrument secures to Lender: (I) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (Ii) the
<br />performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose, Borrower irrevocably grants
<br />and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Howard:
<br />
<br />Real Property tax Identification number is 400160293.
<br />
<br />Lot Five (5), InR & B Second SUbdivision, In the City of Grand Island, Hall Counly, NebraSka.
<br />
<br />which currently has the address of 4080 Horseshoe PI, Grand Island, Nebraska 68803 ("Property Address"):
<br />
<br />TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or
<br />
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Page 1 of 6
<br />
<br />Form 3028 1/01 't..--
<br />Initlals:~~~
<br />
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