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<br />LOAN NUMBER: 0100612199
<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 September 2, 2009. The grantor is MICHAEL J
<br />CLEAItY, HUSBAND AP+iD WIFE, and DEBORAH S CLEARY, HUSBAND AND WIFE, whose address is
<br />4353 SHERWOOD RD, Grand Island, Nebraska 68803 ("Borrower"), Borrower is not necessarily the same as
<br />the Person or Persons who sign the Contract. The obligations of Borrowers who did not sign the Contract are
<br />explained fixrther 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"). MICHAEL J CLEARY and DEBORAH S
<br />CLEARY have entered into aEquity -Line of Credit ("Contract") with Lender as of September Z, 2009, under
<br />the terms of which Borrower may, from time to time, obtain advances not to exceed, at any time, a
<br />***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE ADVANCES)*** of Ten
<br />Thousand and 00/100 Dollars (U.S. $10,000.00) ("Credit Limit"). Any party interested in the details related to
<br />Lender's continuing obligation to make advances to Borrower is advised to consult directly with Lender. If not
<br />paid earlier, the sums owing under Borrower's Contract with Lender will be due and payable on September 15,
<br />2014. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, with interest,
<br />including fixture advances, and all renewals, extensions and modifications of the Contract; (t#) the payment of all
<br />other sums, with interest, advanced to protect the security of this Security Instrument under the provisions of the
<br />section titled Protection of Lender's Rights in the Property; and (c) the performance of Borrower's covenants
<br />and agreements under this Security Instrument and the Contract. For this purpose, Borrower, in consideration of
<br />the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the
<br />following described property located in the COUNTYLOT of HALL, State of Nebraska:
<br />Address: 4353 SHERWOOD RD, Grand Island, Nebraska 68803
<br />Legal Description: LOT EIGHTEEN (18), BISHOP HEIGHTS SUBDIVISION, 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 COVEN.4I~iTS that Borrower is lawfullyseised 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 teen "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 />~i 2004-2009 Compliance Systems, Inc. 7578-4CSE - 2009.04.57
<br />Coosomer Real Estate -Security Instrument bL2076 Page 1 of 5 www.campliancesystems.com
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