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L <br />N ~ <br />~ - ~) <br />~ - ~ <br />~ ~... <br />~ ~_ ~ <br />rn ~~ ~ <br />...~.. <br />~~ <br />~" <br />~~ <br />~~ <br /> m <br /> _ ,~, c ~ ° m <br />(y~ ~ f~ ~ ~ C ~ <br />~ ~, ~,_ ~ ~ ~ CU ~] <br /> Z ~ <br />7C ~ `-' <br />+ -i "' <br />a m <br />v <br /> t„ -- ~ <br /> <br /> <br /> <br /> <br /> rn <br />~ ~ ~ <br />r"` ~` <br />Ct7 ~ <br /> c:~ <br />w ~ <br /> ~' ''` m <br /> ~ ~ <br /> ~ ~ <br /> ~ ~ <br /> O <br />(space Above This Line For Recordiltg Data) <br />LOAN NUMBER: 0100612369 <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 October 9, 2009. The grantor is PHILIP S BURT, <br />HUSBAND AND WIFE, and VICKI J BURT, whose address is 419 ORLEANS, GRAND ISLAND, Nebraska <br />68803 ("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. Sox 790, Grand Island, Nebraska b8802 ("':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"). PHILIP S BURT and VICKI J BURT have entered into aEquity -Line of Credit ("Contrast") with <br />Lender as of October 9, 2009, under the terms of which Borrower may, from time to time, obtain advances not to <br />exceed, at any time, a ***MAXIMUM PRINCIPAIa AMOUNT' (EXChUD1NG PROTECTIVE <br />ADVANCES)*** of Ten Thousand and 00/100 Dollars (U.S. $10,000.00) ("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 />October 15, 2014. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, <br />with interest, including fuhu-e 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 IIALL, State of Nebraska: <br />Address: 419 ORLEANS, GRAND ISLAND, Nebraska 68803 <br />Legal Description: LOT SIXTEEN (16) KALLOS SECOND SUBDIVISION, CITY OF GRAN.U <br />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. Borrrower 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 I,aw" shall mean all controlling <br />applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (tl3at 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 lnstniment, 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 goad 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 />~ 200A-2009 Compliance Systems, Inc. I ED2-D960 - 2009.07.355 <br />Consumer Rcal Estate - Security Instrument DL2036 Page I of 5 www,compliancesystems.com <br />~S5° <br />