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~~ <br />~ <br />_ <br />IV ~ <br />~ <br />~ <br />m . <br />~ ~~ <br />OD ~~ <br />v <br />~~ <br /> <br />~~ <br /> <br /> <br /> <br />C'1 Z ~ ~, ~ r~ ...~ ~ ~ C7'1 <br />= <br />~ rn <br />c~ ~ <br />~. -ca ,,..~ ~ O <br />~ <br />r61 y t17 C7 ~? ~ CJ <br />7 <br /> <br /> ~ ~ CA ~ ~ <br /> w \ t~ <br />~ <br />'~`'~ <br />~ <br /> o ~ b^ <br /> Cn ~ C"~] ~ <br /> <br /> <br /> ~ ~~ ~ <br /> Ct1 ~ ~ <br /> ~ <br />~s-, s-o <br />LOAN NUMBER: 0100610781 <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 18, 2009. The grantor is NATHAN A <br />CLEMANS, HUSBAND AND WIFE, and JAMIE L CLEMANS, whose address is 101 CHRISTOPHER CIR, <br />Doniphan, Nebraska 68832 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign <br />the Contract. The obligations of Borrowers who did not sign the Contract 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 Sauth Locust Street, Grand Island, Nebraska 68801 <br />("Lender"). NATHAN A CLEMANS and JAMIE L CLEMANS have entered into aEquity -Line of Credit <br />("Contract") with Lender as of September 18, 2009, under the terms of which Borrower may, from time to time, <br />obtain advances not to exceed, at any time, a ***MAXiMUM PRINCIPAL AMOUNT (EXCLUDING <br />PROTECTIVE ADVANCES)*** of Six Thousand and 00/100 Dollars (U.S. $6,000.00) ("Credit Limit"). Any <br />party interested in the details related to Lender's continuing obligation to make advances to Borrower is advised to <br />consult directly with Lender. If not paid earlier, the sums owing under Borrower's Contract with Lender will be <br />due and payable on September 15, 2014. This Security Instrument secures to Lender: (a) the repayment of the <br />debt under the Contract, with interest, including future advances, and all renewals, extensions and modifications of <br />the Contract; (b) the payment of all other sums, with interest, advanced to protect the security of this Security <br />Instrument under the provisions of the section titled Protection of Lender's Rights in the Property; and (c) the <br />performance of Borrower's covenants and agreements under this Security Instrument and the Contract. For this <br />purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to <br />Trustee, in trust, with power of sale, the following described property located in the COUNTY of HALL, State of <br />Nebraska: <br />Address: 101 CHRISTOPHER CIR, Doniphan, Nebraska 68832 <br />Legal Description: LOT SEVENTEEN (17), HOFFMAN SECOND SUBDIVISION, AN ADDITION <br />TO THE VILLAGE OF DONIPHAN, 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 Instrutent. 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 bas 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 Prlneipal 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 />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 />® 2004.2009 Compliance Systems, Inc. 18D2-2CBI - 2009.07.355 <br />Consumer Real Estate - Security Ins[rummt OL2036 Pagc 1 of 5 www.compliancesystems.eom <br />