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z <br />~~ ~ T ~ ~ a n v~ cs m <br />rrlr~ m C rn _~ ~ ~ ~ rv <br />N ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ CJ A <br />~ ~ l'-1 rn ~ ~ ~ ~ © CA <br /> rV ~ <br />~ m v~ <br />~ ~ ,.,., <br /> <br />s <br />~ ~- <br />--,] <br />~~ ~ Q f n, ~ <br /> <br /> <br />~ ~ ~~- F..~- Z <br />O <br /> EY9i <br />(Space Above This Line For ~tecording Data) <br />LOAN NUMBER: 0100610994 <br />DEED OF TRUST <br />THIS DEED OF TRUST ("Security Instrument") is made an August 12, 2009. The grantor is CLARK S <br />FINECY, HUSBAND AND WIFE, and KIMBERLY A FINECY, HUSBAND AND WIFE, whose address is <br />11430 S BUFFALO, Donlphan, Nebraska 68832-9722 ("Borrower"). Borrower is not necessarily the same as the <br />Person or Persons who sign the Note. The obligations of Borrowers who did not sign the Note are explained <br />iurlher in the section titled Successors and Assigns Bound; Joint and Several Liability; Accommodation <br />Signers. The trustee is Arend R Baack, Attorney whose address is P.O. Box 790, Grand Island, Nebraska <br />68802 ("Trustee"). The beneficiary is Home Federal Savings & Loan Association of Grand Island, which is <br />organized and existing under the laws of the United States of America and whose address is 221 South Locust <br />Street, Grand Island, Nebraska 68801 ("Lender"). CLARK S FINECY and KIMBERLY A FINECY owe <br />Lender the principal sum of Eighteen Thousand Three Hundred Seventy-four and 02/100 Dollars (U.S. <br />$18,374.02), which is evidenced by the note, consumer loan agreement, or similar writing dated the same date as <br />this Security Instrument (the "Note"), which provides for monthly payments ("Periodic Payments"), with the full <br />debt, if not paid earlier, due and payable on July 30, 2014. This Security Instrument secures to Lender: (a) the <br />repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the <br />Nate; (b) the payment of all other sums, with interest, advanced to protect the security of this Security Instrument <br />under the provisions of the section titled Protection of Lender's Rights in the Property; and (c) the performance <br />of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, <br />in 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: 11430 S BUFFALO, Doniphan, Nebraska 68832-9722 <br />Legal Description: LOT ONE (1) KAELIN SUBDIVISION, 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 />Secured Indebtedness. The debt evidenced by the Note and which is secured by this Security Instrument is <br />subject to the provisions of 12 CFR 225.32. Borrower acknowledges that Borrower has received the disclosures <br />prescribed by 12 CFR 225.32 at least three business days prior to the execution of the Note and this Security <br />Instrument, or as otherwise required by 12 CFR 225.31. Borrower and Lender further acknowledge and agree that <br />this Security Instrument will secure additional debt subject to 12 CFR 225.32 only if Lender satisfies the necessary <br />requirements imposed on such debt imposed by 12 CFR 225.32 and Applicable Law. <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 (fj <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 />chi 2004-2009 Compliance Systems, Inc. 3578.7C5D - 2009.04.57 <br />Consumer Real Estate -Security Ingttyment D42036 Page 1 of 6 www.campliancesystems.cam <br />~Q o ~o <br />