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<br />_ ~ ~J <br />~ O <br />_ ' ,1 <br />~ ~ ~ <br />B ~~ <br />~ ~_~ <br />~ ~ <br />a~ <br />r.rn <br />~ <br />(~ ~ <br />` <br />CO ~ <br />W ~~ ~ d ~ <br /> <br />~~ ~ <br />~ ~~ ~ <br /> <br />~~ <br />www.wwtw~w^. ~. <br /> <br /> <br /> ~ ~ <br /> rn <br /> <br />n m <br /> <br /> <br /> <br />x <br />= ~ CJ7 ~ ~ <br />' <br />~ <br /> ca :~ r <br />n ~ <br /> rzs Z7 ~ cx' p .~ <br /> '-' <br /> ~ 1 <br />T~ CA <br /> ~. <br />~ <br /> E--+ p <br /> rU r-'.~ W <br /> t't9 ~ p"9 <br /> <br />(Space Above This Line For Recording Bata) <br />LOAN NUMBER: 0100613276 <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 November 4, 2009. The grantor is RICHARD A <br />NECKER, husband and wife, whose address is 711 W 16TH ST, GRAND ISLAND, Nebraska 68801-3515 ; <br />and GWENDOLYN K NECKER, whose address is 711 W 16TH ST, GRAND ISLAND, Nebraska 68801 <br />("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 Sound; .Ioint and Several Liability; Accommodation Signers. The trustee is Arend R. Baack, <br />Attorney whose address is P.O. Box 790, Grand 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 22.1 South Locust Street, Grand Island, Nebraska 68801 <br />("Lender"). RICHARD A NECKER has entered into aEquity -Line of Credit ("Contract") with Lender as of <br />November 4, 2009, under the terms of which Borrower may, from time to time, obtain advances not to exceed, at <br />any time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE ADVANCES)*** of <br />Three Thousand and 00/100 Dollars (U.S. $3,000.00) ("Credit Limit"). Any party interested in the details related <br />to Lender's continuing obligation to make advances to Borrower is advised to consult directly with Lender. If not <br />paid earlier, the sums owing under Borrower's Contract with bender will be due and payable on November 15, <br />2014. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, with interest, <br />including future advances, and all renewals, extensions and modifications of the Contract; (b) the payment of all <br />other sums, with interest, advanced to protect the security of this Security Instrument under the provisions of the <br />section titled Protection of Lender's Rights in the Property; and (c) the performance of Borrower's covenants <br />and agreements under this Security Instrument and the Contract. For this purpose, Borrower, in consideration of <br />the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the <br />following described property located in the COUNTY of HALL, State of Nebraska: <br />Address: 711 W 16TH ST, GRAND ISLAND, Nebraska 68801-3515 <br />Legal Description: LOT THREE (3) BLOCK FOURTEEN (14) )N SCHIA'IMER'S ADDITION, IN <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 />"Froperty." <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. Borrower 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 />Appllcable 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 />Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the <br />Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. <br />At the request pf 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 good 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 />® 2004-2009 Compliance Systems, Inc. 1 BD2-EDDF - 2D09.07.355 <br />Consumer Real Estate -Security Instrumrnt DL2D36 Page 1 of 5 www.compliancesystems.cam <br />