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m <br /> <br />~ <br />~ _ ~ ~~ <br />~~ ~ U, ~ ~ <br />~ <br /> _ <br />t ~ '~ <br />~ A '; e - t ! c 117 V~ <br />~ ~.~' <br />r_^~\ C~ ~ s" <br />~ ~wi rV m <br /> a ~, o <br /> ~ ~ rn ~ y' ~ <br />~_ ~ ~ ~ ~ c7 <br /> <br /> <br /> <br /> ~ o ~ ~ ~ ~ <br />: ~ ~ ~ ~ <br />- ~ o <br /> <br />_. 4 <br /> N ~~ ~~ <br /> (Space Above This Line For Recording Data) <br /> DEED OF TRUST <br /> (PREAUTHO RIZED (OPEN END) CREDIT -FUTURE ADV ANCES ARE SECURED <br /> BY THIS DEED OF TRUST) <br />THIS DEED OF TRUST ("Security Instrument") is made on December 29, 2009. The grantors are <br />CHRISTOPHER L MAY and FRANCES ELLEN MAY, HUSBAND AND WIFE, whose address is 4039 <br />CANNON RD, GRAND ISLAND, Nebraska 68803-1514 ("Borrower"). Borrower is not necessarily the same as <br />the Person or Persons who sign the Contract. The obligations of Borrowers who did not sign the Contract are <br />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"). CHRISTOPHER L MAY and FRANCES <br />ELLEN MAY have entered into aEquity -Line of Credit ("Contract") with Lender as of December 29, 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 Thirty <br />Thousand and 00/100 Dollars (U.S. $30,000.00) ("Credit Limit"). Any party interested in the details related to <br />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 Lender will be due and payable on January 15, ZO15. <br />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 iln the COUNTY of HALL, State of Nebraska: <br />Address: 4039 CANNON RD, GRAND ISLAND, Nebraska 68803-1514 <br />Legal Description: LOT ONE (1), SUSSEX PLACE THIRD SUBDIVISION IN THE CITY OF <br />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 fmal, 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 />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any <br />part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give <br />® 2004-2009 Compliattce Systems, Inc. 002D-EOFB - 2009.12.368 <br />Conswner Real Estate -Security Insttutnent AL2036 Page t of5 www.compliaacesystems.com <br />