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<br />LOAN NUMBER: 0100607993
<br />
<br />(Space Above This Line For Recording Data)
<br />
<br />DEED OF TRUST
<br />
<br />(PREAUTHORIZED (OPEN END) CREDIT - FUTURE ADVANCES ARE SECURED
<br />BY THIS DEED OF TRUST)
<br />
<br />THIS DEED OF TRUST ("Security Instrument") is made on May 5, 2009. The grantor is MICHAEL L
<br />KAVANAUGH and PATRICIA KAVANAUGH, HUSBAND AND WIFE, whose address is 2420
<br />SOTHMAN DR, Grand Island, Nebraska 68801 ("Borrower"). Borrower is not necessarily the same as the
<br />Person or Persons who sign the Contract. The obligations of Borrowers who did not sign the Contract are
<br />explained further in the section titled Successors and Assigns Bound; Joint and Several Liability;
<br />Accommodation Signers. The trustee is Arend R. Baack, Attorney whose address is P.O. Box 790, Grand
<br />Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings & Loan Association of Grand
<br />Island, which is organized and existing under the laws of the United States of America and whose address is 221
<br />South Locust Street, Grand Island, Nebraska 68801 ("Lender"). MICHAEL L KAVANAUGH and
<br />PATRICIA KAVANAUGH have entered into a Equity - Line of Credit ("Contract") with Lender as of May 5,
<br />2009, under the terms of which Borrower may, from time to time, obtain advances not to exceed, at any time, a
<br />***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE ADVANCES)*** of Two
<br />Hundred Twenty-five Thousand and 00/100 Dollars (U.S. $225,000.00) ("Credit Limit"). Any party interested
<br />in the details related to Lender's continuing obligation to make advances to Borrower is advised to consult directly
<br />with Lender. If not paid earlier, the sums owing under Borrower's Contract with Lender will be due and payable on
<br />May 3, 2014. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, with
<br />interest, including future advances, and all renewals, extensions and modifications of the Contract; (b) tlle payment
<br />of all other sums, with interest, advanced to protect the security of this Security Instrument under the provisions of
<br />the section titled Protection of Lender's Rights in the Property; and (c) the performance of Borrower's
<br />covenants and agreements under this Security Instrument and the Contract. For this purpose, Borrower, in
<br />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 DEED OF TRUST of HALL COUNTY, state of
<br />Nebraska:
<br />Address: 2420 SOTHMAN DR, Grand Island, Nebraska 68801
<br />Legal Description: LOT SIX (6), BLOCK TWO (2), BRENTWOOD SECOND SUBDIVISION IN
<br />THE CITY OF GRAND ISLAND, HALL COUNTY, 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 ilie 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 iliat 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; Other Charges. Borrower shall promptly pay when due ilie principal of and
<br />interest on the debt owed under the Contract and late charges or any other fees and charges due under the Contract.
<br />
<br />Applicable Law. As used in iliis 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 />Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
<br />Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.
<br />At the request of Lender, Borrower shall promptly furnish to Lender receipts evidencing the payments.
<br />
<br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
<br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)
<br />contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the
<br />Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an
<br />@2004-2008 Copyright Compliance Systems, Inc. 74ED-A51D - 2008.10.289 www.compliances>s.em..com
<br />Coosumer Real Esta.e - Security Inst",,,en. DL2036 Page I or 5 800-968-8522 _ Fax 616-956-1868
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