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(Space Above This Line For Recording Data) <br />LOAN NUMBER: 0100609775 <br />DEED OF TRUST <br />THIS DEED OF TRUST ( "Security Instrument ") is made on May 18, 2009. The grantor is MICHAEL R <br />NICHOLS and LAJEAN M NICHOLS, HUSBAND AND WIFE, whose address is 2503 PARKVIEW DR, <br />Grand Island, Nebraska 68801 ( "Borrower "). Borrower is not necessarily the same as the Person or Persons who <br />sign the Note. The obligations of Borrowers who did not sign the Note are explained further in the section titled <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is Arend <br />R. Baaek, 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 "). MICHAEL R NICHOLS and LAJEAN M NICHOLS owe Lender the principal sum of Fourteen <br />Thousand Four Hundred Twenty -one and 50 /100 Dollars (U.S. $14,421.50), which is evidenced by the note, <br />consumer loan agreement, or similar writing dated the same date as this Security Instrument (the "Note "), which <br />provides for periodic payments ( "Periodic Payments "), with the full debt, if not paid earlier, due and payable on <br />June 10, 2011. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, <br />with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with <br />interest, advanced to protect the security of this Security Instrument under the provisions of the section titled <br />Protection of Lender's Rights In the Property; and (c) the performance of Borrower's covenants and agreements <br />under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust <br />herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described <br />property located in the COUNTY of HALL, state of Nebraska: <br />Address: 2503 PARKVIEW DR, Grand Island, Nebraska 68801 <br />Legal Description: LOT TWENTY- SEVEN(27), MORNINGSIDE ACRES SUBDIVISION, IN THE <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <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 lawfl►lly 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 />Secured Indebtedness. The debt evidenced by the Note and which is secured by this Security Instrument is <br />subject to the provisions of 12 CFR 226.32. Borrower acknowledges that Borrower has received the disclosures <br />prescribed by 12 CFR 226.32 at least three business days prior to the execution of the Note and this Security <br />Instrument, or as otherwise required by 12 CFR 226.31. Borrower and Lender further acknowledge and agree that <br />this Security Instrument will secure additional debt subject to 12 CFR 226.32 only if Lender satisfies the necessary <br />requirements imposed on such debt imposed by 12 CFR 226.32 and Applicable Law. <br />Borrower and Lender covenant and agree as follows: <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 />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 />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 fiill, 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 (f) <br />any sums payable by Borrower to Lender, in accordance with the provisions of the paragraph titled Mortgage <br />(D 2004 -2008 Copyright Compliance Systems, Inc. 74ED -0016 - 2008.10.289 www.comp8ancesystens.com <br />Consumer Real Estate - security Instrument DL2036 Page 1 of 6 800. 968 -8522 - Fax 616 -956 -1868 <br />:13 <br />rrt <br />v <br />a <br />Cn <br />z <br />�-1 <br />C <br />M <br />M <br />Z <br />O <br />3a, Sd <br />Mcn <br />M CA <br />fM1 <br />Z <br />�� <br />ry <br />tv <br />0 <br />C1 <br />v <br />c <br />--a m <br />CA <br />C.0 <br />n <br />y <br />a <br />�, -T, <br />c.) <br />A <br />C� <br />0) <br />M <br />7:0 <br />n <br />..JC <br />co <br />E n <br />(Space Above This Line For Recording Data) <br />LOAN NUMBER: 0100609775 <br />DEED OF TRUST <br />THIS DEED OF TRUST ( "Security Instrument ") is made on May 18, 2009. The grantor is MICHAEL R <br />NICHOLS and LAJEAN M NICHOLS, HUSBAND AND WIFE, whose address is 2503 PARKVIEW DR, <br />Grand Island, Nebraska 68801 ( "Borrower "). Borrower is not necessarily the same as the Person or Persons who <br />sign the Note. The obligations of Borrowers who did not sign the Note are explained further in the section titled <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is Arend <br />R. Baaek, 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 "). MICHAEL R NICHOLS and LAJEAN M NICHOLS owe Lender the principal sum of Fourteen <br />Thousand Four Hundred Twenty -one and 50 /100 Dollars (U.S. $14,421.50), which is evidenced by the note, <br />consumer loan agreement, or similar writing dated the same date as this Security Instrument (the "Note "), which <br />provides for periodic payments ( "Periodic Payments "), with the full debt, if not paid earlier, due and payable on <br />June 10, 2011. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, <br />with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with <br />interest, advanced to protect the security of this Security Instrument under the provisions of the section titled <br />Protection of Lender's Rights In the Property; and (c) the performance of Borrower's covenants and agreements <br />under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust <br />herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described <br />property located in the COUNTY of HALL, state of Nebraska: <br />Address: 2503 PARKVIEW DR, Grand Island, Nebraska 68801 <br />Legal Description: LOT TWENTY- SEVEN(27), MORNINGSIDE ACRES SUBDIVISION, IN THE <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <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 lawfl►lly 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 />Secured Indebtedness. The debt evidenced by the Note and which is secured by this Security Instrument is <br />subject to the provisions of 12 CFR 226.32. Borrower acknowledges that Borrower has received the disclosures <br />prescribed by 12 CFR 226.32 at least three business days prior to the execution of the Note and this Security <br />Instrument, or as otherwise required by 12 CFR 226.31. Borrower and Lender further acknowledge and agree that <br />this Security Instrument will secure additional debt subject to 12 CFR 226.32 only if Lender satisfies the necessary <br />requirements imposed on such debt imposed by 12 CFR 226.32 and Applicable Law. <br />Borrower and Lender covenant and agree as follows: <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 />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 />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 fiill, 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 (f) <br />any sums payable by Borrower to Lender, in accordance with the provisions of the paragraph titled Mortgage <br />(D 2004 -2008 Copyright Compliance Systems, Inc. 74ED -0016 - 2008.10.289 www.comp8ancesystens.com <br />Consumer Real Estate - security Instrument DL2036 Page 1 of 6 800. 968 -8522 - Fax 616 -956 -1868 <br />:13 <br />rrt <br />v <br />a <br />Cn <br />z <br />�-1 <br />C <br />M <br />M <br />Z <br />O <br />3a, Sd <br />