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<br />LOAN NUMBER: 0100609988
<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 30, 2009. The grantor is TY A BENTON,
<br />HUSBAND AND WIFE, whose address is 4164 HORSEMAN AVE, Grand Island, Nebraska 68803 ;and
<br />ANGELA T BENTON, HUSBAND AND WIFE, whose address is 4164 NORSEMAN AVE, Grand Island,
<br />Nebraska 68803 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign the
<br />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 Arend
<br />R. Baack, Attorney whose address is P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary
<br />is Home Federal Savings & Loan Association of Grand Island, which is organized and existing under the laws
<br />of the United States of America and whose address is 221 South Locust Street, Grand Island, Nebraska 68SU1
<br />("Lender"). TY A BENTON and ANGELA T BENTON have entered into aEquity -Line of Credit
<br />("Contract") with Lender as of June 30, 2009, under the terms of which Borrower may, frotu time to time, obtain
<br />advances not to exceed, at any time, a ***MAXIMUM PRLNCIPAL AMOUNT (EXCLUDING
<br />PROTECTIVE ADVANCES)*** of Ten Thousand and 00/l00 Dollars (U.S. $10,000.00) ("Credit Limit").
<br />Any party interested in the details related to Lender's continuing obligation to make advances to Borrower is
<br />advised to consult directly with Lender. If not paid earlier, the sums owing under Borrower's Contract with Lender
<br />will be due and payable on July 1S, 2014. This Security Instrument secures to Lender: (a) the repayment of the
<br />debt under the Contract, with interest, including future advances, and all renewals, extensions and modifications of
<br />the Contract; (b) the payment of all other sums, with interest, advanced to protect the security of this Security
<br />Instrument under the provisions of the section titled Protection of Lender's Rights in the Property; and (c) the
<br />performance of Borrower's covenants and. agreements under this Security Instrument and the Contract. For this
<br />purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to
<br />Trustee, in trust, with power of sale, the following described property located in the COUNTY of HALL, state of
<br />Nebraska:
<br />Address: 4164 NORRSEMAN AVE, Grand Island, Nebraska 68803
<br />Legal Description:.LOT TWENTY SEVEN (27), JEFFREY OAKS SUBDIVISION TO THE CI'I'Y
<br />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; Other Charges. Borrower shall promptly pay when due the principal. of and
<br />interest on the debt owed under t}~e 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 />(Cr 2004-2008 Copyright Compliance Systems, Inc. 74PD-19SA - 2008.10.289 ww~~.complinncesy9tern9.com
<br />Consumer Rcal Estate -Security Inslrurnent UL203(i Page I of 5 800-968-8522 -Fax G IG-956.1868
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