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<br />LOAN NUMBER: 0100612032
<br />(Space Above This Line For Recoreling Data)
<br />DEED QF 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 11, 2009. The grantor is TERRY D
<br />RANDOLPH and JANICE A RANDOLPH, HUSBAND AND WIFE, whose address is 5 ST JAMES PL,
<br />Grand Island, Nebraska 68803-1835 ("Borrower"). Borrower is not necessarily the same as the Person or Persons
<br />who sign the Contract. The obligations of Borrowers who did not sign the Contract are explained fiu~ther in the
<br />section titled Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The
<br />trustee is Arend R. Baack, Attorney whose address is P,O. Box 790, Grand Island, Nebraska 68802 ("Trustee").
<br />The 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 6$801 ("Lender"). TERRY D RANDOLPH and JANICE A RANDOLPH have entered into aEquity -
<br />Line of Credit ("Contract") with Lender as of September 11, 2009, under the terms of which Borrower may, from
<br />time to time, obtain advances not to exceed, at any time, a ***MAXIMUM PRINCIPAL AMOUNT
<br />(EXCLUDING PROTECTIVE ADVANCES)*** of Fifteen Thousand and 00/100 Dollars (U.S. $15,000.00)
<br />("Credit Limit"). Any party interested in the details related to Lender's continuing obligation to make advances to
<br />Borrower is advised to consult directly with Lender. If not paid earlier, the sums owing under Borrower's Contract
<br />with Lender will be due and payable on September 15, 2014. This Security Instrument secures to Lender: (a) the
<br />repayment of 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 following described property located in the COUNTY of
<br />HALL, State of Nebraska:
<br />Address: 5 ST JAMES PL, Grand Island, Nebraska 68803-1835
<br />Legal Description: LOT FIVE (5), BLOCK SEVEN (7), UNIT ONE (1), CONTINENTAL
<br />GARDENS, AN ADDITION TO THE CITY 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 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 itt, 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 />4•i 2004-2009 Compliance Systems, Inc. 3578-8581 - 2009.04.37
<br />Consumer Real Estate -Security Instrument DL2036 Page 1 of 5 www.complianccsystems.com
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