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'~.~..'"' ~ 11 <br />1 <br />~~ ~ 7° r) ~ <br />rn ,~.~, ? <br />-1 <br /> ~ = <br />"~r+ ~.::~ <br />m <br />N ~ ~ S p <br />~ z; ~i ~ -mac ~ rrl O t7 <br />~ <br />~ rn <br />~ e~ `~ -~ c> ~ <br />_ :3 Z <br />rwrrr~ <br />~ r~ ~ ~ Y, <br />r~ ~ ~t ~ <br />~ rfl C.~ ~ <br /> <br />@ <br />~y <br />~ <br />"~ ' <br />-1 <br />W <br />~~ <br />r <br /> <br />~ r*' <br />~, ~ <br />3 za. txy <br />t-~ r.~ ~ <br />C <br /> ~ ~~ ~ ~ <br /> ° ~ '~ ~ `~ ~ <br /> Q <br /> o <br /> <br /> (space Above This Line Far Recording Data) ~ ~~ <br />3d <br /> LOAN NUMBER: 0100609341 <br /> DEED OF TRUST <br /> (PREAUTHORIZED (OPEN END) CREDIT -FUTURE AD VANCES ARE SECURED <br /> BY THIS DEED OF TRUST) <br />THIS DEED OF TRUST ("Security Instrument") is made on May 11, 2009. The grantor is JAME5 H ALLEN <br />and DONNA JEAN ALLEN, HUSBAND AND WIFE, whose address is 2903 E HWY 30, Grand Island, <br />Nebraska 68801 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign the <br />Contract. The obligations of Borrowers who did not sign the Contract are explained further in the section titled <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is Arend <br />R. Baack, Attorney whose address is P.O. Box 790, Grand Island, Nebraska. 68802 ("Trustee"). The beneficiary <br />is Home Federal Savings & Loan Association of Grand Island, which is organized and existing under the laws <br />of the United States of America and whose address is 221 South Locust Street, Grand Island, Nebraska 68801 <br />("Lender"). JAMES H ALLEN and DONNA JEAN ALLEN have entered into aEquity -Line of Credit <br />("Contract") with Lender as of May 11, 2009, under the terms of which Borrower may, from time to time, obtain <br />advances not to exceed, at any time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING <br />PROTECTIVE ADVANCES)*** of Ten Thousand and 00/100 Dollars (U.S. $10,000.00) ("Credit Limit"). <br />Any party interested in the details related to Lender's continuing obligation to make advances to Borrower is <br />advised to consult directly with Lender. If not paid earlier, the sums owing under Borrower's Contract with Lender <br />will be due and payable on May 1S, 2014. This Security Instrument secures to Lender: (a) the repayment of the <br />debt under the Contract, with interest, including future advances, and all renewals, extensions and modifications of <br />the Contract; (b) the payment of all other sums, with interest, advanced to protect the security of this Security <br />Instrument under the provisions of the section titled Protection of Lender's Rights in the Property; and (c) the <br />performance of Borrower's covenants and agreements under this Security Instrument and the Contract. For this <br />purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to <br />Trustee, in trust, with power of sale, the following described property located in the COUNTY of HALL, state of <br />Nebraska: <br />Address: 2903 E HWY 30, Grand Island, Nebraska 68801 <br />Legal Description: SEE LEGAL DESCRIPTION EXHIBIT "A" HERETO ATTACHED <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 />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 />Borrower and Lender covenant and agree as follows: <br />Payment of Principal and Interest; Other Charges. Borrower shall promptly pay when due the 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 />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 />Charges; Liens. Borrower shall pay all takes, 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 />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 />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any <br />part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give <br />®2004-2006 Copyright Compliance Systems, Inc. 74ED-58B2 - 2008.10.289 www.compliancesystems.cotn <br />Consumer heal Estate -Security Instrument DL2036 Page I of 5 800-968-8522 - Pax G 1 G-95G-18G8 <br />