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.:, <br />m <br />~.~ ~ ~ c ~' © ~ <br /> rn = <br /> <br />~~ <br />tV - <br />~ <br />~ ~ <br />~ ~ <br />~ C~ ~ <br />CJ) <br /> M N ~ ~ ~' C1a <br />~ ~ ff1 j'a N -n ~ rn p Z <br />~ o x ~ p <br /> ~ ~' <br />~ ~ <br />r ~ ~ ~ <br /> W ~ `~ z <br />--- <br />~~ o <br />LOAN NUMBER: 0100601332 <br />(Space Above This Line For Recording Data) <br />DEED OF TRUST <br />THIS DEED OF 'T'RUST ("Security Instrument") is made on June 5, 2009. The grantor is VAN WIE REAL <br />ESTATE LTD., A NE LIMITED PARTNERSHIP, A E VAN WIE, GERERAL PARTNER, and CUNNLE <br />J VAN WIE, GENERAL PARTNER, whose address is #10 KUESTER LAKE, Grand Island, Nebraska 68801 <br />("Borrower"). I3otrower 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.U. 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 6$801 ("Lender"). VAN WIE <br />REAL ESTATE LTD., A NE LIMITED PARTNERSHIP and CONNIE J VAN WIE owe Lender the principal <br />sum of Seventy-nine Thousand Four Hundred Sixty-one and 52/100 Dollars (U.S. $79,461.52), which is <br />evidenced by the note, consumer loan agreement, or similar writing dated the same date as this Security Instrument <br />(the "Note"), which provides for periodic payments ("Periodic Payments"), with the full debt, if not paid earlier, <br />due and payable on June 16, 2014. This Security Instrument secures to bender: (a) the repayment of the debt <br />evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the 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 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: 2203 W FAIDLEY AVE, Grand Island, Nebraska 68803 <br />Legal Description: ALL OF LOTS ONE (1) AND TWO (2), AND ALL OF LOTS THREE (3), <br />EXCEPT THE SOUTH SEVENTEEN FEET (S17') THEREOF, ALL IN BELMONT ADDITION TO <br />THE 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 />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 (~ <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 />Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a <br />federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate <br />Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), <br />unless another Applicable Law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, <br />HJ 2004-2008 Copyright Compliance Systems, Inc. 74ED-6710 - 2008.1U.289 www.complianeesystems.coro <br />Consumer Rcal Rslate -Security Instrument DL2036 Pnge 1 of 6 800-968.8522 - pax C 16.956-1868 <br />3/.s© <br />