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.~~ <br />~~ <br />~~ <br />~~ <br />tV _~ <br />~ ~~ <br />~~~° <br />~ ~~ <br />W ~~ <br />CP <br />~ ~ <br />~ ~ m« <br />4 <br />N,' M <br />r~ o ~ <br />~ ~ <br />b <br />N <br /> <br />n <br />Z <br />O <br />n <br />~ _ <br />0 <br />~,~ <br />rat- c~ <br />r~ ---~ <br />rv <br />rn a -4 <br />~ ~ <br />c~ <br />f7~ <br />F--` <br />GJ <br />t19 <br />ca cn <br />c~ -a <br />~~ <br />~~ <br />~Q <br />~~ <br />-,~, <br />~ r~, <br />~ rx~ <br />r- as <br />f°"' I~ <br />CA's <br />7C <br />S} <br />(~ <br />(Space Above This Line For Recrnvling Data) <br />LOAN NUMBER: 0100610390 <br />.DEED OF TRUST <br />THIS DEED OF TRUST ("Security Instrument") is made on October 14, 2009. The grantor is DAVID E ZIOLA, <br />husband and wife, and LYNN R ZIOLA, whose address is 1925 W 11TH AVE, GRAND ISLAND, Nebraska <br />68803-3708 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign the Note. The <br />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. Tlae trustee is Arend R. Baack, <br />Attorney whose address is P.O. Box 790, Graud Island, Nebraska 68802 ("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"). DAVID E ZIOLA and LYNN R ZIOLA owe Lender the principal sum of Seven Thousand Seven <br />Hundred Nineteen and 92/100 Dollars (U.S. $7,719.92), which is evidenced by the note, consumer loan <br />agreement, or similar writing, dated the same date as this Security Instrument (the "Note"), which provides for <br />monthly payments ("Periodic Payments"), with the full debt, if not paid earlier, due and payable on October 28, <br />2014. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with <br />interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with <br />interest, advanced to protect the security of this Security Instrument under the provisions of the section titled <br />Protection of Lender's Rights in the Property; and (c) the performance of Borrower's covenants and agreements <br />under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust <br />herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described <br />property located in the COUNTY of HALL, State of Nebraska: <br />Address: 1925 W 11TH AVE, GRAND ISLAND, Nebraska 68803-3708 <br />Legal Description: LOT SEVEN (7), BLOCK EIGHT (8), IN BOGGS AND HILL'5 ADDITION TO <br />THE CITY OF GRAND 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 />Secured Indebtedness. The debt evidenced by the Note and which is secured by this Security Instrument is <br />subject to the provisions of 12 CFR 226.32. Borrower acknowledges that Borrower has received the disclosures <br />prescribed by 12 CFR 226.32 at least three business days prior to the execution of the Nate and this Security <br />Instrument, or as otherwise required by 12 CFR 226.31. Borrower and Lender further acknowledge and agree that <br />this Security Instrument will secure additional debt subject to 12 CFR 226.32 only if Lender satisfies the necessary <br />requirements imposed on such debt imposed by 12 CFR 226.32 and Applicable Law. <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 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 />®2004.2009 CvmpGnncc Systems, lne. 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