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<br />~ (~~ <br />e ~-1 <br />~ ~ <br />~~ <br />~ ~~ ~ry~~ <br />W ~~ ~! ' <br />..,...~ ~ <br /> ~ n ~ ~ ~, z <br /> C ^~ rsr ~.~ .. ~ ~ N m <br /> <br />~. <br />= <br />~ <br />w'' ~ <br />~ <br />© <br />P <br />T1 ~ o ~' ~ <br />C1 CA ~, CI"i ~ ~ to C!7 <br /> <br /> <br /> t~ <br />c' <br />r' <br />~ <br />r" r'• <br />--~ <br />~ <br /> ~' <br />~ U' <br />~; -.7 C <br /> d . ~ W (~rf <br /> ~, ,~ <br /> c~'t cn W ~ <br /> ~ ~ <br />O <br />(Space Above This Line For Recording Data) <br />LOAN NUMBER: 0100610560 <br />DEED OF TRUST <br />(PREAUTHORIZED (OPEN END) CREDIT -FUTURE ADVANCES ARE SECURED <br />BY THIS DEED OF TRUST) <br />THIS DEED OF TRUST ("Security Instrument") is made on June 1, 2009. The grantor is JEFFREY L HOEFER, <br />HUSBAND AND WIFE, and DEE ANN L HOEFER, HUSBAND AND WIFE, whose address is 3216 <br />HIAWATHA PLACE, Grand Island, Nebraska 68803 ("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"). JEFFREY L HOEFER and DEE ANN L <br />HOEFER have entered into a l:qulty -Line of Credit ("Contract") with Lender as of June 1, 2009, under the <br />terms of which Borrower may, from time to time, obtain advances not to exceed, at any time, a ***MAXIMUM <br />PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE ADVANCES)*** of Thirty-four Thousand and <br />00/100 Dollars (U.S. $34,000.00) ("Credit Limit"). Any party interested in the details related to Lender's <br />continuing obligation to make advances to Borrower is advised to consult directly with Lender. If not paid earlier, <br />the sums owing under Borrower's Contract with Lender will be due and payable on June 15, 2014. This Security <br />Instrument secures to Lender: (a) the repayment of the debt under the Contract, with interest, including future <br />advances, and all renewals, extensions and modifications of the Contract; (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 Contract. For this purpose, Borrower, in consideration of the debt and the <br />trust 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: 32X6 HIAWATHA PLACE, Grand Island, Nebraska 68803 <br />Legal Description: LOT THIRTY-FOUR (34) 1NDIANHEAD SUBDIVISION TO THE CITY OF <br />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 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 d_ ue 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 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 />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 />~i 2004.2008 Copyright Compliance Systems, Inc. 74Ep-44FD - 2008.10.289 www.cvmpliancesystems.com <br />Consumer Rcal Estate -Security Instrument DL2036 Pagc 1 of 5 800-968.8522 -Fax 616.956-1868 <br />~~ <br />