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.~.. <br /> ~ ~ ~ <br />~b <br /> <br />N~ M <br />~ ~ ml <br />~~ ~Q m <br />~ rr.r.r.irrr <br />~~ tt O ~ <br />~.~~ <br />N ~ ~ ~'" <br /> <br />~~ ~ <br />r.~rrw <br /> 0 <br /> N <br /> <br />n <br />rn <br />[7 <br /> <br />~ <br />ern <br />~ <br />o t7 <br /> <br />n x <br />~ <br />N <br /> <br /> ~ <br /> C? G~ <br />~ <br /> a --, m <br /> c~ ~ ~ r~ 77 <br /> <br /> <br /> ^ ~ <br />o r <br />~ <br />' ~ C~ ~ <br />T" C <br />X7 ~ ~ CIS <br />© ~ 2 frl ~ <br />rn <br />" Zj A rn <br />" C ~,.,~ <br />t <br />t1 <br />cS <br />~ r <br />~7 <br />r-` A <br />CO <br />C <br />era <br />~ <br />" <br /> f--~ C.J <br />1 ~ <br /> x" CLS Z <br /> F'V ...''-~' ~ <br /> G7 G~ C17 Z <br /> °'~ O <br />(Space Above This Line For Recording Data) <br />LOAN NUMBER: 0100593836 <br />DEED OF TRUST~'~ ~ <br />~ ~ <br />THIS DEED OF TRUST ("Security Instrument") is made on June ~ 2009. The grantor is JAMES B WAGNER <br />and TABATHA A WAGNER, HUSBAND AND WIFE, whose address is 4340 KAY AVE, Grand Island, <br />Nebraska 68$03-1425 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign the <br />Note. The obligations of Borrowers who did not sign the Note are explained further in the section titled <br />Successors and Assigns Sound; 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 South Locust Street, Grand Island, Nebraska 68801 <br />("Lender"). JAMES B WAGNER and TABATHA A WAGNER owe Lender the principal sum of One <br />Hundred Six Thousand Three Hundred Fifteen and 75/100 Dollars (U.S. $106,315.75), which is evidenced by <br />the 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 April 18, 2017. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by <br />the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other <br />sums, with interest, advanced to protect the security of this Security Instrument under the provisions of the section <br />titled Protection of Lender's Rights in the Property; and (c) the performance of Borrower's covenants and <br />agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt <br />and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following <br />described property located in the COUNTY of HALL, state of Nebraska: <br />Address: 4340 KAY AVE, Grand Island, Nebraska 68803-1425 <br />Legal Description: LOT TEN (10), BLOCK THREE (3), IN LE HEIGHTS SECOND SUBDIVISION <br />IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />CORRECTIVE DEED OF TRUST TO REPLACE DEED OF TRUST DATED FEBRUARY 8, 2008 <br />AS DOCUMENT 0200809088. <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 />gt`ant 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 Froperty 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 />Note. <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 Insurance. At Lender's request and subject to Applicable Law, Borrower shall pay to <br />Lender on the day periodic payments are due under the Note, 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 />as 2004-2008 Copyright Comphencc Systuns, Inc. 74ED-DA93 - 2008.10.289 uww.compliancesystems.com <br />Consumer Real Estate -Security Instrument DL2036 Page 1 of 6 800-968-8522 -Fax 616-956-1868 <br />3Q , ~O <br />