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rn <br />`~', <br />rn <br />C <br /> [~ ,., <br /> _ ~ <br />`° c~ v7 <br />`~ Z <br /> z ~ _ ~ ~ ~ <br />rV m <br />_ <br />rn ~ © <br />to ~ 'za r ~ <br />~ r~-1 <br />-c" ---1 r*y <br />.,~ <br />c~ 17"1 <br />O <br />~ _ ~ ca <br />° ° A <br />- <br /> ° n, ~ c <br />i <br />, <br /> ~ <br /> ~ ~ ~" ~ ~ ~' ~ <br /> <br />~ 1 <br /> ~~ ~ ~ <br /> ~ c <br /> r~ ~ rv ~ <br /> <br /> <br /> ca ~ u, <br /> ,;; a ~ o <br /> .. <br />LOAN NUMBER: 0100611818 <br />(Space Above This Line For Recording Data) <br />DEED OF TRUST <br />THIS DEED OF TRUST ("Security Instrument") is made on August 26, 2009. The grantor is DWIGHT J <br />DONAHEY and JANET M DONAHEY, HUSBAND AND WIFE, whose address is 607 WEST AVE, Grand <br />Island, Nebraska 68803-4250 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who <br />sign the Note. The obligations of Borrowers who did not sign the Note 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 68801 <br />("Lender"). DWIGHT J DONAHEY and JANET M DONAHEY owe Lender the principal sum of Ten <br />Thousand Five Hundred Fifty-nine and 95/100 Dollars (U.S. $10,559.95), which is evidenced by the note, <br />consumer loan agreement, or similar writing dated the same date as this Security Instrument (the "Note"), which <br />provides for periodic payments ("Periodic Payments"), with the full debt, if not paid earlier, due and payable on <br />August 18, 2012. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, <br />with interest, and all renewals, extensions and modifications of the Note; (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 Note. Far this purpose, Borrower, in consideration of the debt and the trust <br />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: 607 WEST AVE, Grand Island, Nebraska 68803-4250 <br />Legal Description: LOTS EIGHT (8) AND THE NORTH TWO (2) FEET OF LOT SEVEN (7) IN <br />THE WEST HEIGHTS SECOND ADDITION TO THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA. <br />TOGETHER WITH all the improvements now ar 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 226.32. Borrower acknowledges that Borrower has received the disclosures <br />prescribed by 12 CFR 226.32 at least three business days prior to the execution of the Note and this Security <br />Instrument, or as otherwise required by 12 CFR 226.31. Borrower and Lender further acknowledge and agree that <br />this Security Instrument will secure additional debt subject to 12 CFR 226.32 only if Lender satisfies the necessary <br />requirements imposed on such debt imposed by 12 CFR 226.32 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 Iusurance. 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 (f) <br />®2004-2009 Compliance Systems, Inc. 3578-65FA - 2009.04.57 www,oom Lances tems.com <br />Consumer Real Estate -Security Instrument PL2036 Page I of 6 P Ys <br />3~ ~° <br />