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~ <br /> ' <br />~ - F ~ T ~, es~ Q ~ Q ~ <br />m <br />~ CfI " Z n = ~ crs c m rv <br />~ t <br />1 7C ~ r-rt ~ rrn ~ <br /> <br />m <br />.. ° ~ cv ~ to <br />c <br />o ~ rn ~ ~ ' ~ cc~ <br />z <br />~ ~ ~ ~ n ~ <br /> ~ .-~, c~ r~ <br />c <br /> <br /> r~ ~ rv ~ <br /> ~ rv <br /> w cn ,.,~ <br /> <br />~' Z <br /> ? O <br />LOAN NUMBER: 0100611826 <br />(Space Above This Dine For Recording 17ata) <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 26, 2009. The grantor is RANDALL L <br />SPIEHS and LYNN M SPIEHS, HUSBAND AND WIFE, whose address is 1031 N HOWARD AVE, Grand <br />Island, Nebraska 68803-3531 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who <br />sign the Contract. The obligations of Borrowers who did not sign the Contract are explained further in the section <br />titled Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is <br />Arend R. Baack, Attorney whose address is P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The <br />beneficiary is Home Federal Savings & Loan Association of Grand Island, which is organized and existing <br />under the laws of the United States of America and whose address is 221 South Locust Street, Grand Island, <br />Nebraska 68801 ("Lender"). RANDALL L SPIEHS and LYNN M SPIEHS have entered into aEquity -Line <br />of Credit ("Contract") with Lender as of August 26, 2009, under the terms of which Borrower may, from time to <br />time, obtain advances not to exceed, at any time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING <br />PROTECTIVE ADVANCES)*** of Forty Thousand and 00/100 Dollars (U.S. $40,000.00) ("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 September 15, 2014. This Security Instrument secures to Lender: (a) the repayment of <br />the debt under the Contract, with interest, including future advances, and all renewals, extensions and <br />modifications of the Contract; (b) the payment of all other sums, with interest, advanced to protect the security of <br />this Security Instrument under the provisions of the section titled Protection of Lender's Rights in the Property; <br />and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Contract. <br />For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and <br />conveys to Trustee, in trust, with power of sale, the fallowing described property located in the COUNTY of <br />HALL, State of Nebraska: <br />Address: 1031 N HOWARD AVE, Grand Island, Nebraska b8803-3531 <br />Legal Description: THE SOUTHERLY TWENTY-FIVE FEET (25') OF LOT EIGHT (8) AND ALL <br />OF LOT NINE (9) AND THE NORTHERLY THREE FEET (3') OF LOT TEN, ALL IN BLOCK <br />NINE (9), IN WEST PARK ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, <br />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 />A•r 2004-2009 Compliance Systems, Inc. 3578-6835 - 2009.04.37 <br />Consumer Real estate -Security Instevment pL2036 Page I of 5 www.campliancesystems.com <br />rA Sv <br />