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rw� <br />N <br />T1 <br />m � <br />a <br />rn <br />C <br />co --- <br />r <br />LOAN NUMBER. 0100609600 <br />(Space Above This Line For Recording Data) <br />DEED OF TRUST <br />THIS DEED OF TRUST ( "Security Insmunent") is made on June 4, 2009. The grantor is WADE E WILLIBY, <br />A SINGLE PERSON, whose address is 805 SWEETWOOD DR, Grand Island, Nebraska 68803 -3124 <br />( "Borrower "). Borrower is not necessarily the same as the Person or Persons who sign the Note. The obligations of <br />Borrowers who did not sign the Note are explained further in the section titled Successors and Assigns Bound; <br />Joint and Several Liability; Accommodation Signers. The trustee is Arend R. Baack, Attorney whose address <br />is P.O. Box 790, Grand Island, Nebraska 68802 ( "Trustee "). The beneficiary is Home Federal Savings & <br />Loan Association of Grand Island, which is organized and existing under the laws of the United States of <br />America and whose address is 221 South Locust Street, Grand Island, Nebraska 68801 ( "Lender "). WADE E <br />WILLIBY owes Lender the principal sum of Six Thousand Seventy-nine and 50 /100 Dollars (U.S. $6,079.50), <br />which is evidenced by the note, consumer loan agreement, or similar writing dated the same date as this Security <br />Instrument (the "Note "), which provides for periodic payments ( "Periodic Payments "), with the full debt, if not <br />paid earlier, due and payable on June 20, 2013. This Security Instrument secures to Lender: (a) the repayment of <br />the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the <br />payment of all other sums, with interest, advanced to protect the security of this Security Instrument under the <br />provisions of the section titled Protection of Lender's Rights in the Property; and (c) the performance of <br />Borrower's covenants and agreements under this Security Instrument and the Note. 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 COUNTY of HALL, state of Nebraska: <br />Address: 805 SWEETWOOD DR, Grand Island, Nebraska 68803 -3124 <br />Legal Description: LOT THIRTY -THREE (33), WESTWOOD PARK 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 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 />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 full, 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 />Insurance, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." <br />0 2004 -2008 Copyright Compliance Systems, Inc. 74ED -AEOC - 2008.10.289 www.complianmrte=.com <br />Consumer Real Estate - Security Instrument DL2036 Page 1 of 6 800- 968 -8522 - Fax 616 - 956.1868 <br />M <br />M <br />C7 <br />a <br />z <br />CA <br />M <br />r <br />N <br />3p, SD <br />C <br />M ca <br />�.> <br />c' cr3 <br />Q --i <br />° <br />Z. <br />n = <br />�, <br />CZ <br />ry <br />'^ <br />° <br />C�o <br />a <br />_ <br />Crt <br />-, :.� <br />CID <br />p <br />rr, <br />M <br />_10 <br />c <br />C <br />M.c <br />LOAN NUMBER. 0100609600 <br />(Space Above This Line For Recording Data) <br />DEED OF TRUST <br />THIS DEED OF TRUST ( "Security Insmunent") is made on June 4, 2009. The grantor is WADE E WILLIBY, <br />A SINGLE PERSON, whose address is 805 SWEETWOOD DR, Grand Island, Nebraska 68803 -3124 <br />( "Borrower "). Borrower is not necessarily the same as the Person or Persons who sign the Note. The obligations of <br />Borrowers who did not sign the Note are explained further in the section titled Successors and Assigns Bound; <br />Joint and Several Liability; Accommodation Signers. The trustee is Arend R. Baack, Attorney whose address <br />is P.O. Box 790, Grand Island, Nebraska 68802 ( "Trustee "). The beneficiary is Home Federal Savings & <br />Loan Association of Grand Island, which is organized and existing under the laws of the United States of <br />America and whose address is 221 South Locust Street, Grand Island, Nebraska 68801 ( "Lender "). WADE E <br />WILLIBY owes Lender the principal sum of Six Thousand Seventy-nine and 50 /100 Dollars (U.S. $6,079.50), <br />which is evidenced by the note, consumer loan agreement, or similar writing dated the same date as this Security <br />Instrument (the "Note "), which provides for periodic payments ( "Periodic Payments "), with the full debt, if not <br />paid earlier, due and payable on June 20, 2013. This Security Instrument secures to Lender: (a) the repayment of <br />the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the <br />payment of all other sums, with interest, advanced to protect the security of this Security Instrument under the <br />provisions of the section titled Protection of Lender's Rights in the Property; and (c) the performance of <br />Borrower's covenants and agreements under this Security Instrument and the Note. 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 COUNTY of HALL, state of Nebraska: <br />Address: 805 SWEETWOOD DR, Grand Island, Nebraska 68803 -3124 <br />Legal Description: LOT THIRTY -THREE (33), WESTWOOD PARK 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 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 />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 full, 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 />Insurance, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." <br />0 2004 -2008 Copyright Compliance Systems, Inc. 74ED -AEOC - 2008.10.289 www.complianmrte=.com <br />Consumer Real Estate - Security Instrument DL2036 Page 1 of 6 800- 968 -8522 - Fax 616 - 956.1868 <br />M <br />M <br />C7 <br />a <br />z <br />CA <br />M <br />r <br />N <br />3p, SD <br />