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~~ <br />~yM ~~~ ~~ ~~ ' <br />m ~ h <br />~ . <br />~ ~ <br />~~ <br />rn ~^^~~r ~ <br /> <br /> <br />~~ <br /> '~' n - zm <br />t~ '" rn ~ <br />cn ~ ~ U~ m <br /> <br /> D ;,, ~ ti ~-~., ~ <br />a N p <br /> r <br />n <br /> <br /> <br /> <br /> ~ ~ <br /> - <br /> , <br />r~ ~ ..~ ~ cx' O S7 <br /> ~ ~' ~ C <br /> ~ 2~ C.C] <br /> U~ 1--` ~ CJ7 17'1 <br /> <br /> <br /> <br />LQAN NUMBER: 0100613713 <br />(space Above This Line F'or Recording Data) <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 25, 2009. The grantor is CARLOS G <br />GUERRERO and DIANA J GUERRERO, f/k/a DIANA JOYCE CASAREZ, HUSBAND AND WIFE, whose <br />address is 1024 N ELM ST, GRAND ISLAND, Nebraska 68801-4060 ("Borrower"). Borrower is not necessarily <br />the same as the Person or Persons who sign the Contract. The obligations of Borrowers who did not sign the <br />Contract are explained further in the section titled Successors and Assigns Bound; Joint and Several Liability; <br />Accommodation Signers. The trustee is Arend R. Baack, Attorney whose address is P.O. Box 790, Grand <br />Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings & Loan Association of Grand <br />Island, which is organized and existing under the laws of the United States of America and whose address is 221 <br />South Locust Street, Grand Island, Nebraska 68801 ("Lender"). CARLOS G GUERRERO and DIANA J <br />GUERRERO have entered into aEquity -Line of Credit ("Contract") with Lender as of November 25, 2009, <br />under the terms of which Borrower may, from time to time, obtain advances not to exceed, at any time, a <br />***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE ADVANCES)*** of Twenty-six <br />Thousand Seventy-four and SO/100 Dollars (U.S. $26,074.50) ("Credit Limit"). Any party interested in the <br />details related to Lender's continuing obligation to make advances to Borrower is advised to consult directly with <br />Lender. If not paid earlier, the sums owing under Borrower's Contract with Lender will be due and payable on <br />December 15, 2014. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, <br />with interest, including future 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 HALL, State of Nebraska: <br />Address: 1024 N ELM ST, GRAND ISLAND, Nebraska 68801-4060 <br />Legal Description: THE NORTHERLY SIXTY-SIX (66') FEET OF LOT ONE (1) IN <br />FRACTIONAL BLOCK TWENTY-TWO (22) IN RUSSEL WHEELER'S ADDITION TO THE <br />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 />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 />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 />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 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 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 />®2004-2009 Compliance Systems, Iuc. IED2-6840 - 2009.D7.355 <br />Consumer Real Estate - Security Instrument DL2036 Page I of 5 www.complianccsystcros.cam <br />~~,~o <br />