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(PREAUTHORIZED (OPEN END) CREDIT - FUTURE ADVANCES ARE SECURED BY THIS DEED <br />OF TRUST) <br />THIS DEED OF TRUST ( "Security Instrument ") is made on December 30, 2004. The grantor is FRANK L NICKEL JR, whose <br />address is 2907 WESTSIDE ST, GRAND ISLAND, Nebraska 68803; and CYNTHIA K NICKEL, whose address is 2907 <br />WESTSIDE ST, GRAND ISLAND, Nebraska 68803 ( "Borrower "). Borrower is not necessarily the same as the Person or Persons <br />who sign the Contract. The obligations of Borrowers who did not sign the Contract are explained further in the section titled <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is KOZENY & MCCUBBIN <br />L.C. ( "Trustee "). The beneficiary is DEEPGREEN FINANCIAL, INC., which is organized and existing under the laws of the State of <br />Delaware and whose address is 5800 LOMBARDO CENTER, SUITE 100, SEVEN HILLS, Ohio 44131 ( "Lender "). FRANK L <br />NICKEL and CYNTHIA K NICKEL have entered into a Home Equity Line of Credit ( "Contract ") with Lender as of December 30, <br />2004, under the 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 Twenty -eight Thousand and 00 /100 Dollars (U.S. <br />$28,000.00) ( "Credit Limit "). Any party interested in the details related to Lender's continuing obligation to make advances to <br />Borrower is advised to consult directly with Lender. If not paid earlier, the sums owing under Borrower's Contract with Lender will be <br />due and payable on December 30, 2029. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, <br />with interest, including future advances, and all renewals, extensions and modifications of the Contract; (b) the payment of all other <br />sums, with interest, advanced to protect the security of this Security Instrument under the provisions of the section titled Protection of <br />Lender's Rights in the Property; and (c) the performance of Borrower's covenants and agreements under this Security Instrument <br />and the Contract. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys <br />to Trustee, in trust, with power of sale, the following described property located in the County of HALL, State of Nebraska: <br />Address: 2907 WESTSIDE ST, GRAND ISLAND, Nebraska 68803 <br />Legal Description: ALL THAT PARCEL OF LAND IN COUNTY OF HALL, STATE OF NEBRASKA, AS MORE <br />FULLY DESCRIBED IN DOCUMENT 87- 102355 AND BEING MORE PARTICULARLY DESCRIBED AS <br />FOLLOWS: PART OF LOT 5, BLOCK 2, WESTERHOFF'S FIRST SUBDIVISION IN THE CITY GRAND <br />ISLAND, HALL COUNTY, NEBRASKA: MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING <br />AT THE SOUTHWEST CORNER OF SAID LOT 5 RUNNING EASTERLY ALONG AND UPON THE <br />SOUTHERLY LOT LINE OF SAID LOT 5 A DISTANCE OF 8 FEET TO THE ACTUAL POINT OF <br />BEGINNING, THENCE RUNNING NORTHERLY PARALLEL TO THE WESTERLY BOUNDARY LINE OF <br />SAID LOT 5, TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF WESTSIDE STREET, THENCE <br />RUNNING EASTERLY ALONG AND UPON THE SOUTHERLY BOUNDARY LINE OF WESTSIDE STREET <br />A DISTANCE OF 57 FEET, THENCE RUNNING SOUTHERLY PARALLEL TO THE WEST BOUNDARY <br />LINE OF SAID LOT 5 TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 5; THENCE <br />RUNNING WESTERLY ALONG AND UPON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 5 A <br />DISTANCE OF 57 FEET TO THE POINT OF BEGINNING. SUBJECT T <br />Parcel ID /Sidwell Number: NA <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures <br />now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the <br />foregoing is referred to in this Security Instrument as the "Property." <br />0 Compliance Systems, Inc. (2003) BEDE -93E4 - 2004.1 1.68 www.compliance vstems.cont -S <br />Consumer Real Estate - Security Instrument DL2036 Page 1 of 6 800- 968 -8522 - Fax 616- 956 -1868 <br />n v> o <br />r <br />rrI <br />n Z <br />- <br />c.; <br />; _ <: <br />O <br />rn DvN. <br />° <br />__j _ cn <br />CA <br />RETURN TO: SMI / Wesley Hess <br />CD <br />? r— 11 O <br />P.O. Box 540817 FRANK L NICKEL, JR & <br />c; <br />Houston, TX 77254 -0817 865_2301 <br />r� O <br />NE, HALL <br />\ r_ 0 vn <br />IIIIII VIII VIII IIIIII I I4 IIII IIIII9 II I I7 <br />O <br />2IIIII <br />(Space Above This Line For Recording Data) <br />O <br />�j <br />/6Col q 6 ` <br />DEED OF <br />TRUST <br />(PREAUTHORIZED (OPEN END) CREDIT - FUTURE ADVANCES ARE SECURED BY THIS DEED <br />OF TRUST) <br />THIS DEED OF TRUST ( "Security Instrument ") is made on December 30, 2004. The grantor is FRANK L NICKEL JR, whose <br />address is 2907 WESTSIDE ST, GRAND ISLAND, Nebraska 68803; and CYNTHIA K NICKEL, whose address is 2907 <br />WESTSIDE ST, GRAND ISLAND, Nebraska 68803 ( "Borrower "). Borrower is not necessarily the same as the Person or Persons <br />who sign the Contract. The obligations of Borrowers who did not sign the Contract are explained further in the section titled <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is KOZENY & MCCUBBIN <br />L.C. ( "Trustee "). The beneficiary is DEEPGREEN FINANCIAL, INC., which is organized and existing under the laws of the State of <br />Delaware and whose address is 5800 LOMBARDO CENTER, SUITE 100, SEVEN HILLS, Ohio 44131 ( "Lender "). FRANK L <br />NICKEL and CYNTHIA K NICKEL have entered into a Home Equity Line of Credit ( "Contract ") with Lender as of December 30, <br />2004, under the 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 Twenty -eight Thousand and 00 /100 Dollars (U.S. <br />$28,000.00) ( "Credit Limit "). Any party interested in the details related to Lender's continuing obligation to make advances to <br />Borrower is advised to consult directly with Lender. If not paid earlier, the sums owing under Borrower's Contract with Lender will be <br />due and payable on December 30, 2029. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, <br />with interest, including future advances, and all renewals, extensions and modifications of the Contract; (b) the payment of all other <br />sums, with interest, advanced to protect the security of this Security Instrument under the provisions of the section titled Protection of <br />Lender's Rights in the Property; and (c) the performance of Borrower's covenants and agreements under this Security Instrument <br />and the Contract. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys <br />to Trustee, in trust, with power of sale, the following described property located in the County of HALL, State of Nebraska: <br />Address: 2907 WESTSIDE ST, GRAND ISLAND, Nebraska 68803 <br />Legal Description: ALL THAT PARCEL OF LAND IN COUNTY OF HALL, STATE OF NEBRASKA, AS MORE <br />FULLY DESCRIBED IN DOCUMENT 87- 102355 AND BEING MORE PARTICULARLY DESCRIBED AS <br />FOLLOWS: PART OF LOT 5, BLOCK 2, WESTERHOFF'S FIRST SUBDIVISION IN THE CITY GRAND <br />ISLAND, HALL COUNTY, NEBRASKA: MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING <br />AT THE SOUTHWEST CORNER OF SAID LOT 5 RUNNING EASTERLY ALONG AND UPON THE <br />SOUTHERLY LOT LINE OF SAID LOT 5 A DISTANCE OF 8 FEET TO THE ACTUAL POINT OF <br />BEGINNING, THENCE RUNNING NORTHERLY PARALLEL TO THE WESTERLY BOUNDARY LINE OF <br />SAID LOT 5, TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF WESTSIDE STREET, THENCE <br />RUNNING EASTERLY ALONG AND UPON THE SOUTHERLY BOUNDARY LINE OF WESTSIDE STREET <br />A DISTANCE OF 57 FEET, THENCE RUNNING SOUTHERLY PARALLEL TO THE WEST BOUNDARY <br />LINE OF SAID LOT 5 TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 5; THENCE <br />RUNNING WESTERLY ALONG AND UPON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 5 A <br />DISTANCE OF 57 FEET TO THE POINT OF BEGINNING. SUBJECT T <br />Parcel ID /Sidwell Number: NA <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures <br />now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the <br />foregoing is referred to in this Security Instrument as the "Property." <br />0 Compliance Systems, Inc. (2003) BEDE -93E4 - 2004.1 1.68 www.compliance vstems.cont -S <br />Consumer Real Estate - Security Instrument DL2036 Page 1 of 6 800- 968 -8522 - Fax 616- 956 -1868 <br />