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~~ ~ 1~ ~~ ~ ` '1 N ~ ~ ~~ ~= o ~~ t ~~ ~~ ~ ~~ a~ ~ 00 ~" e ~. ~ ~ ~ N m ~ _ ~ ~ c~ vi ca -~1 c~ rn to ~ 1 ~" ° ~ ~ ''' rv ~ a~a n = ~ © ~ ~ ~ r ~ ~ ~ ~ _ ° ca ~ :~ cla z ~, r~ ~ ~~ ~ ~ r" ~' ~ C z °° (Space Above This Line For Recording Data) LOAN NUMBER: 0160298058 DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on October 5, 2009. The grantor is MARK E MCGOWAN and KIMBERLY A MCGOWAN, HUSBAND AND WIFE, whose address is 4168 INDIANHEAD RD, Grand Island, Nebraska 68803 ("Borrower"), Borrower is not necessarily the same as the Person or Persons who sign the Note. The obligations of Borrowers who did not sign the Note are explained further in the section titled Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is TierOne Bank whose address is 1235'N' St / P.O. Box 83009, Lincoln, Nebraska 68501 ("Trustee"). The beneficiary is TierOne Bank, which is organized and existing under the laws of the United States of America and whose address is 1235 'N' St / PO Box 83009, Lincoln, Nebraska 68501 ("Lender"). MARK E MCGOWAN and KIMBERLY A MCGOWAN owe Lender the principal sum of Forty-seven Thousand Four Hundred Forty-one and 44/100 Dollars (U.S. $47,441.44), which is evidenced by the note, consumer loan agreement, or similar writing dated the same date as this Security Instrument (the "Note"), which provides for periodic payments ("Periodic Payments"), with the full debt, if not paid earlier, due and payable on October 18, 2017. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced to protect the security of this Security Instrument under the provisions of the section titled Protection of Lender's Rights in the Property; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of HALL, State of Nebraska: Address: 4168 INDIANHEAD RD, Grand Island, Nebraska 68803 Legal Description: LOT 14, INDIANHEAD SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA Parcel ID/Sidwell Number: 400386402 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Borrower and Lender covenant and agree as follows: ~o ..~~ ® 2004-2009 Compliance System&, inc. A917-367F - 2009.05.350 Consumer Real Estate - Sectrrity Inswment DL2036 Page 1 of 8 www,cvmplianccaystcros.cvm