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<br />~~ ~ ~ _ ~ ~ m <br /> <br />~~ <br />rya"~;t,`~'_~ ~ :. <br />n <br />Z <br />n <br />= <br />~ <br />~ <br />~ -~. <br />~~. ca <br />m <br />N ~ '~"• t~ ~ rn _ <br />~ ~ ~ ~ 0 <br /> <br /> <br />--- m ~ ~ <br />~ ~ ~ ~~ <br />~ <br /> ~ ~ ~ ~ z <br /> ~~~ ~ z <br /> ° ~ ~ O <br /> <br />(Space Above This Line For Recording Bata) <br />DEED OF TRUST <br />(PREAUTHORIZED (OPEN END) CREDIT -FUTURE ADVANCES ARE SECURED <br />BY THIS DEED OF TRUST) <br />THIS D)JED OF TRUST ("Security Instrument") is made on January 20, 2010. The grantors are BRIAN D <br />HAYNES, husband and wife, and KELLIE E HAYNES, whose address is 4203 SHANNA ST, GRAND <br />ISLAND, Nebraska 68803 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign <br />the Contract. The obligations of Borrowers who did not sign the Contract are explained further in the section titled <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is Arend <br />R. Baack, Attorney whose address is P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary <br />is Home Federal Savings & Loan Association of Grand Island, which is organized and existing under the laws <br />of the United States of America and whose address is 221 South Locust Street, Grand Island, Nebraska 68801 <br />("Lender"). BRIAN D HAYNES and KELLIE E HAYNES have entered into aEquity -Line of Credit <br />("Contract") with Lender as of January 20, 2010, under the terms of which Borrower may, from time to time, <br />obtain advances not to exceed, at any time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING <br />PROTECTIVE ADVANCES)*** of Twenty Thoasand and 00/100 Dollars (U.S. $20,000.00) ("Credit Limit"). <br />Any party interested in the details related to Lender's continuing obligation to make advances to Borrower is <br />advised to consult directly with Lender. If not paid earlier, the sums owing under Borrower's Contract with Lender <br />will be due and payable on January 15, 2015. This Security Instrument secures to Lender: (a) the repayment of the <br />debt under the Contract, with interest, including future advances, and all renewals, extensions and modifications of <br />the Contract; (b) the payment of all other sums, with interest, advanced to protect the security of this Security <br />Instrument under the provisions of the section titled Protection of Lender's Rights in the Property; and (c) the <br />performance of Borrower's covenants and agreements under this Security Instrument and the Contract. For this <br />purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to <br />Trustee, in trust, with power of sale, the following described property located in the COUNTY of HALL, State of <br />Nebraska: <br />Address: 4203 SHANNA ST, GRAND ISLAND, Nebraska 68803 <br />Legal Description: LOT SEVEN (7), AMERICAN INDEPENDANCE SUBDIVISION, IN THE CITY <br />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 />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 fitrnish 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 />®2004-2D09 Compliance Systems, Inc. 002D-8842 - 2009.12.368 <br />Consumtt Real Estate -Security Instrument OL2036 Page I of 5 www.complianccsystcros.com <br />~a <br />