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~~ ~ ~ ~ ~ m <br /> <br />~^ ~ ~ ~ ~, ,. ~~ m m <br />~ ~ <br />~ ~~' ~r ~ <br />~ , f. T~ ~ o y~ <br /> y p p <br /> <br />~ d ~a ~ ~ m C!j <br />~ ~_ ~ rn ~ -~ ~ ct ~ a rl <br />~ ir~ 1d ~ ~ ~ ~ CI"1 <br />~ <br />~ A C <br /> C 4 ~ n ~ m <br />^~ <br />~~ rv ~ ~ ~ <br /> <br /> <br />(Space Above ~f"his 4ine For Recording Data) <br />LOAN NUMBER: 0100609996 <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 July 2, 2009. The grantor is MICHAEL J NOWAK, <br />A SINGLE PERSON, whose address is 2215 W DIVISION ST, Grand Island, Nebraska 6$803 ("Borrower"). <br />Borrower is not necessarily the same as the Person or Persons who sign the Contract. The obligations of Borrowers <br />who did not sign the Contract are explained further in the section titled Successors and Assigns Bound; Joint <br />and Several Liability; Accommodation Signers. The trustee is Arend R. Baack, Attorney whose address is <br />P.O. Sox 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings & Loan <br />Association of Grand Island, which is organized and existing under the laws of the United States of .America and <br />whose address is 221 South Locust Street, Grand Island, Nebraska 68801 ("Lender"). MICHAEL J NOWAK <br />has entered into aEquity -Line of Credit ("Contract") with Lender as of July 2, 2009, under the terms of which <br />Borrower may, from time to time, obtain advances not to exceed, at any time, a ***MAXIMLJM PRINCIPAL <br />AMOUNT (F,XCLUDING PROTECTIVE ADVANCES)*** of Thirty Thousand and 00/100 Dollars (U.S. <br />$30,000.00) ("Credit Limit"). Any party interested in the details related to Lender's continuing obligation to make <br />advances to Borrower is advised to consult directly with Lender, if not paid earlier, the sums owing under <br />Borrower's Contract with Lender will be due and payable on July 15, 2014. This Security Instrument secures to <br />Lender: (a) the repayment of the debt under the Contract, with interest, including future advances, and all <br />renewals, extensions and modifications of the Contract; (b) the payment of all other sums, with interest, advanced <br />to protect the security of this Security Instrument under the provisions of the section titled Protection of Lender's <br />Rights in the Property; and (c) the performance of Borrower's covenants and agreements under this Security <br />Instrument and the Contract. For this purpose, Borrower, in consideration of the debt and the trust herein created, <br />irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in <br />the COUNTY of HALL, state of Nebraska: <br />Address: 1323 -1327 N KRUSF, AVENUE, Grand island, Nebraska 68803 <br />Legal Description: THE WESTERLY 77 Ff,ET OF LOTS 13 AND 14 AND THE WEST 77 FF,ET OF <br />THE NORTH 26 FEET AND THE SOUTH 20 FEET OF THE EAST SS FEET OF THE NORTH 26 <br />FEET OF LOT 12, ALL IN BLOCK 11 IN I~ARRISON SUBDIVISION, IN HALL CUUNTY, <br />NEBRASKA <br />'T'OGETHER 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 encumibrances 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 Secuuity 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 opinipns. <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 paytx-ent 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 />~~ 2004.2008 Copyright Compliance Systems, Inc. 7480-AOp3 - 2008.10.289 www.cotnpliancesystetns.totn <br />Consumer Real Estate -Security Insu~ument bL203E I'p8e I oF5 800-968-8522 -pox 616-956-1868 <br />Z~.S° <br />