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= i t'~ ,..a , x <br />~ ~' <br />~ <br />N~ <br />~ ~ <br />m ~ <br />~ ~ <br />~ ~ ~ C'1 <br />~~~ <br />rn <br />C <br />_ ~, <br />~c o <br /> <br />V ~ ~~ <br />~ ~ r <br />_ <br />~"" <br />~w fi <br /> <br /> N <br /> <br /> <br /> <br />C A = ~a ~~ ~-, ~ ~ N ~ <br /> <br /> <br />V! ~ F`-` p ~ q ~ <br /> ~ ~ ~~ <br /> <br />~ rn CD Z <br />~ <br /> <br /> ~ <br /> ~ r- A ~ C <br /> ~ '~ cn m <br /> <br /> <br /> ~ ~ ~ <br /> ~ <br />(Space Above This Line For Recording Data) <br />LOAN NUMBER: 0100610226 <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 1, 2009. The grantor is DANIEL J <br />NITZEL, A SINGLE PERSON, whose address is 2231 W 10TH ST, Grand Island, Nebraska 68803-3613 <br />("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign the Contract. The <br />obligations of Borrowers who did not sign the Contract are explained further in the section titled Successors and <br />Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is Arend R. Baack, <br />Attorney whose address is P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home <br />Federal Savings & Loan Association of Grand Island, which is organized and existing under the laws of the <br />United States of America and whose address is 221 South Locust Street, Grand Island, Nebraska 68801 <br />("Lender"). DANIEL J NITZEL has entered into aEquity -Line of Credit ("Contract") with Lender as of <br />September 1, 2009, under the terms of which Borrower may, from time to time, obtain advances not to exceed., at <br />any time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE ADVANCES)*** of <br />Eleven Thousand Seven Hundred and 00/100 Dollars (U.S. $11,700.00) ("Credit Limit"). Any party interested <br />in the details related to Lender's continuing obligation to make advances to Borrower is advised to consult directly <br />with Lender. If not paid earlier, the sums owing under Borrower's Contract with Lender will be due and payable on <br />September 15, 2014. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, <br />with interest, including future advances, and all renewals, extensions and. modifications of the Contract; (b) the <br />payment of all other sums, with interest, advanced to protect the security of this Security Instrument under the <br />provisions of the section titled Protection of Lender's Rights in the Property; and (c) the performance of <br />Borrower's covenants and agreements under this Security Instrument and the Contract. 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 oFNebraska: <br />Address: 2231 W 10TH ST, Grand Island, Nebraska 68803-3613 <br />Legal Description: SEE ATTACHED LEGAL DESCRIPTION <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 Co <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 Ittterest; 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 affect of law) as well as all applicable final, 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 />part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give <br />3 p .s~ <br />&'~ 2004-2009 Compliance Systems, Inc. 3578-C667 - 2009.OA.57 <br />Consumer Real Estate -Security insttumcnt DL2036 Ppge 1 of5 www.cnmpGancesystcnls.com <br />