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~o~, <br /> ~ ~m <br />N ~ <br /> <br />~~ }-{ <br />~ o t3 <br />9 <br /> ~ ~ <br />r <br /> ,. <br />~ ~ <br /> <br /> ~ . <br />.~_ <br />~~ <br />~= <br /> q <br />N <br /> m <br />,., ~ <br />~ rn n <br />. '' <br />., ~ <br /> ~ "' ~ <br /> <br />Z n = <br />~~' <br />~ ~ <br />~' <br />r~`' m <br />n V. ~ ~ ~ ~ <br />~ rn ~ a <br /> <br />-°'7 ~ ~ W D~ Q Z <br />7C = Q <br />.~, w T ~ ~ ~ <br /> ~ <br />cx <br />- ~ c~i <br />~ ~ <br />~ ^I <br />~ <br /> r, r--~ ~ ~ <br /> <br /> r~ <br /> ~ <br /> ~ ~ <br /> <br /> o <br /> <br />,~~- ~° <br />LOAN NUMBER: 0100612113 <br />(Space Above This Line For Recording Data) <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 August 24, 2009. The grantor is STEVEN A <br />WHITED, HUSBAND AND WIFE, and TINA L WHITED, HUSBAND AND WIFE, whose address is 4034 <br />INDIANHEAD DR, Grand Island, Nebraska 68803 ("Borrower"). Borrower is not necessarily the same as the <br />Person or 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; Joint and Several Liability; <br />Accommodation Signers. The trustee is Arend R. Baack, Attorney whose address is P.O. Box 790, Grand <br />Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings & 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"). STEVEN A WHITED and TINA L WHITED <br />have entered into aEquity -Line of Credit ("Contract") with Lender as of August 24, 2009, under the terms of <br />which Borrower may, from time to time, obtain advances not to exceed, at any time, a ***MAXIMUM <br />PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE ADVANCES)*** of Six Thousand and 00/100 <br />Dollars (U.S. $6,000.DO) ("Credit Lirnit"). Any party interested in the details related to Lender's continuing <br />obligation to make advances to Borrower is advised to consult directly with Lender. If not paid earlier, the sums <br />owing under Borrower's Contract with Lender will be due and payable on September 15, 2014. This 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 other 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 of Nebraska: <br />Address: 4034 INDIANHEAD DR, Grand Island, Nebraska 68803 <br />Legal Description: LOT EIGHTEEN (18), INDIANHEAD SEVENTH SUBDIVISION, IN THE CITY <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 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 fmal, 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 />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any <br />® 20D4-2009 Compliance Systems, Inc. 3578-EF64 - 2009.04.57 <br />Consumer Real Estate -Security Insteumrnt DL2D36 Page 1 of 5 www.eomplianeesystems.eom <br />