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~- m <br /> <br />.^~ ~a <br />Ci _ <br />r ~ "" <br />ca ~ Z <br />-a <br /> <br /> ~ n N ~ rn ~ ~ '~'-' c~ <br />m ~.~ ~ ~ <br />I = <br />~ ~ -~ ~ <br />~ ~~ ~ q PR r <br />ro <br />.. ~ ` F--~ ~ ~ C <br />Jy <br /> <br /> ~ <br />~ ~ [' Q . ~ ~ C"'" A f.FJ C <br /> <br /> d <br />n <br />~,~ <br />~ <br /> °° ~-' O <br /> rn <br /> 6~ <br />-- ~ <br /> «~ <br /> 0 <br /> N <br /> (Space Above This Line For Recording Data) 3Q' So <br /> LOAN NUMBER: 0100612717 <br /> DEED OF TRUST <br />THIS DEED OF TRUST ("Security Instrument") is made on November 4, 2009. The grantor is STEPHEN W <br />SCHMITT, a/k/a STEPHEN WILEY SCHMITT, A SINGLE PERSON, whose address is 1615 RAYMOND <br />DR, GRAND ISLAND, Nebraska 68803-5032 ("Borrower"). Borrower is not necessarily the same as the Person <br />or Persons who sign the Note. The obligations of Borrowers who did not sign the Note are explained further in the <br />section titled Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The <br />trustee is Arend R. Baack, Attorney whose address is P.Q. Bax 790, Grand Island, Nebraska 68802 ("Trustee"). <br />The beneficiary is Horae Federal Savings & Loan Association of Grand Island, which is organized and existing <br />under the laws of the United States of America and whose address is 221 South Locust Street, Grand Island, <br />Nebraska 68801 ("Lender")- STEPHEN W SCHMITT owes Lender the principal sum of Ten Thousand <br />Ninety-seven and 50/100 DoAars (U.S. $10,097.50), which is evidenced by the note, consumer loan agreement, or <br />similar writing dated the same date as this Security Instrulent (the "Note"), which provides for periodic payments <br />("Periodic Payments"), with the full debt, if not paid earlier, due and payable on November 16, 2012. This <br />Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all <br />renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced to <br />protect the security of this Security Instrument under the provisions of the section titled Protection of Lender's <br />Rights in the Property; and (c) the performance of Borrower's covenants and agreements under this Security <br />Instrument and the Note- For this purpose, Borrower, in consideration of the debt and the trust herein created, <br />irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in <br />the COUNTY of HALL, State of Nebraska: <br />Address: 1615 RA~A'IOND DR, GRAND ISLAND, Nebraska 68803-5032 <br />Legal Description: :LOT THIRTY-FIVE (35), REUTING'S SECOND SUBDIVISION, HALL <br />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 Froperty 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 Note 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 />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 fmal, 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 Compliance Syat®s, Inc. 1 BD2-SCBE - 2009.07.355 <br />Consmncr Real Estate - Security Instnunatt DI.2036 Page I of 6 www.compGanceaystems.com <br />