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<br /> i i'~~ .-....;. ~ <br /> <=;> OUJ <br /> C=> <br /> P n:z: ~$ c:o O---l 0 <br /> S~i "" z c: l> ("\) <br />N 0\ = Z---l ::0 <br />l$l ,. c:::: -f1'Tl 0 l!J <br />l$l -<0 <br />(Xl ~ ("\) 0"'">1 0 ~ <br />lSl '"tl ....... "'z <br />CD ~ CO <br />0) 0 ::c I'Tl <br />..j::o,. "., t -0 l> CO 0 <br />W "., ~ r- ::l:J <br /> Cl r l> CD <br /> en c.n <br /> C,.,) ;:.;: 0') <br /> > ...J:: <br /> I"'\) -......... <br /> U1 (n W <br /> en is <br /> DEED OF-tRUST <br /> <br /> <br /> <br /> <br /> <br />PARTIES: This Deed of Trust is made on 10/29/2008 among, the Grantor, BRYAN R. PHELPS PERSONAL REPRESENTATIVE OF TH~'{: <br />ESTATE OF CHARLES R. PHELPS alk/a RUSS PHELPS, DECEASED, ("Borrower"), -e,: . <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 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: 1615 N TAYLOR AVE, Grand Island, Nebraska 68803 <br /> <br />LEGAL DESCRIPTION: <br /> <br />SEE ATTACHED "EXHIBIT A" <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 />II A PROMISSORY NOTE AND SECURITY AGREEMENT DATED 10/29/2008 <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 April 27, 2009 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 $15,233.50, 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 iUttached 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 /> <br />2'~;q~e~~~~'i~tf~ cf~i9~A,(f}~-wJV~~ <br /> <br />BRYAN R. PHELPS PERSONAL REPRESENTATIVE <br />OF THE EST A TE OF CHARLES R. PHELPS a/k/a RUSS PHELPS, DECEASED <br /> <br />ACKNOWLEDGMENT: STATE OF NE <br />The foregoing instrument was a <br />By BRYAN R. PHELPS PER <br />OF THE ESTATE OF CH <br />My commission expires' <br /> <br /> <br />) <br /> <br />;;'7. <br /> <br />GENERAL NOTARY. State 01 Nebraska <br />MEGAN D. FREDERIKSEN <br />My Comm. Exp. April 6, 2010 <br />