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~t <br />N ~ <br />~ ~^. tTl <br /> <br />cQ ~~ <br />~ ~` <br />'~ TI <br /> <br />m <br />~ ~ <br />~ D <br />~ <br /> <br />._...._ r <br /> ~ n ~ ~ m <br /> ~ Z <br /> C n = ~- `° c n - <br />-1 <br /> fU <br />~ ' ! n Z ~ ~ r~ C4 ~ ~ ~ <br /> ~ <br />~ cn ~, `, rv ~ ~ c~ a <br />7C = (R ~+ N ~ -~ ~ ~ <br /> "` ~ <br />~ ~ m Z <br /> rn "'I7 v. cn c~ ~ <br /> rr1 A <br />~ r"" ~ <br />~ <br /> C7 r A ~ <br /> o ~ ~ ~ ~ ~ <br /> ~ ~ <br /> ~, ~~ z <br /> © ~ ~ -~ <br /> z <br />0 <br />(Space Above This line For Recording Data) <br />LOAN NUMBER; 0100610625 <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 12, 2009. The grantor is HOWARD E FREAR, <br />HUSBAND AND WIFE, and KRISTENE R FREAR, HUSBAND AND WIFE, whose address is 121 <br />LEISURE LAKE Ra), .Doniphan, Nebraska 68832 ("Borrower"). Borrower is not necessarily the same as the <br />Person ar 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; Jolnt and Several Liability; <br />Accommodation Signers. The trustee is Arend R. Baack, Attorney whose address is P.O. Sox 790, Grand <br />Island, Nebraska 68$02 ("Trustee"). The beneficiary is Home FederAl Saviugs & 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"). HOWARD E FREAR and KRISTENE R <br />FREAR have entered into a Equlty -Line of Credit ("Contract") with Lender as of June 12, 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 Twelve Thousand and <br />00/100 Dollars (U.S. $12,000.00) ("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. 'T'his 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 otlaer 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 ofNebraska: <br />Address: 121 LEISURE LAKE RD, Doniphan, Nebraska 68832 <br />Legal Description: LOT ELEVEN (11), 1N LEISURE VALLEY LAKE SUBDIVISION IN THE <br />SOUTHWEST QUARTF,R (SW 1/4) OF SECTION TWO (2), TOWNSHIP NINE (9) NORTII, <br />RANGE TEN (10), WEST OF THE 6TH P.M., HALL CUUNTY, NEBRASKA <br />TOGS"I'HER 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 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 />CQ 2004-2008 Copp9ght. Cornpliante Systems, Inc. 74EU-0808 - 2008.10.289 wwrv.compli~ncesystems.com <br />Consumer Real Pstate -Security Insu•umenr DL203( Page I of 5 800-968.8522 -Fax 616-956-1868 <br />~s,sa <br />