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<br /> LOAN NUMBER: 010334
<br /> DEED OF TRUST
<br />THIS DEED OF TRUST ("Security Instrument") is made on September 24, 2009. The grantor is Humberto
<br />Catalan Avila and Imelda Catalan, husband and wife, whose address is 2539 W 4th St, Grand Island,
<br />Nebraska 68801 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign the Note.
<br />The obligations of Borrowers who did not sign the Note are explained further in the section titled Successors and
<br />Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is Pathway Bank whose
<br />address is PO Box 428, Cairo, Nebraska 68824 ("Trustee"). The beneficiary is Pathway Bank, which is organized
<br />and existing under the laws of the state of Nebraska and whose address is 306 S High St, P O Box 428, Cairo,
<br />Nebraska 68$24 ("Lender"). Humberto Catalan Avila and Imelda Catalan owe Lender the principal sum of
<br />Sixty-six Thousand Nine Hundred Sixty-seven and 88/100 Dollars (U.S. $66,967.88), which is evidenced by the
<br />note, consumer loan agreement, or similar writing dated the same date as this Security Instrument (the "Note"),
<br />which provides for periodic payments ("Periodic Payments"), with the full debt, if not paid earlier, due and
<br />payable on September 24, 2014. This Security Instrument secures to Lender: (a) the repayment of the debt
<br />evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment
<br />of all other sums, with interest, advanced to protect the security of this Security Instrument under the provisions of
<br />the section titled Protection of Lender's Rights in the Property; and (c) the performance of Borrower's
<br />covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in
<br />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 of Nebraska:
<br />Address: 2539 W 4th St, Grand Island, Nebraska 68801
<br />Legal Description: Lot Seven (7), West I~eights Addition to the City of Grand Island, Hall County,
<br />Nebraska
<br />Parcel ID/Sidwell Number: ; Parcel #400113805
<br />TOGETHER WITH all the improvements now or hereafter erected an 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; 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 />Nate.
<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-In~u~~nc~: Af Lender's request grid subject to Applicable Law,'Borrower shall pay to
<br />Lender on the day periodic payments are due under the Nate, 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 />any sums payable by Borrower to Lender, in accordance with the provisions of the paragraph titled Mortgage
<br />Insurance, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items."
<br />Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a
<br />federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate
<br />Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"),
<br />unless another Applicable Law that applies to the Funds sets a lesser amount. If so, Lender may, at any time,
<br />® 2004-2009 Compliance Systems, Inc. A9t7-74F8 - 2009,05.350
<br />Consumer Real Estate -Security Instrument PL2036 Page 1 a£6 www.compliancasystems.cvm
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