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<br />DEED OF T12UST
<br />(PREAUTI30RIZED (OPEN END) CREDI'T' -FUTURE ADVANCES ARE SECURED
<br />BY TI3IS DEED OF TRUST) ,
<br />THIS DEED OF TRUST ("Security Instrument") is made on January 30, 2010. The grantors are PATRICK J
<br />DALEY, husband and wife, and DENISE D DALEY, whose address is 1533 WARBLER CIRCLE, 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 Bouud; Joint and Several Liability; Accommodation Signers. The trustee is Arend
<br />R. Baack, Attorney whose address is P.O. Box 790, Grattd Island, Nebraska 68802 ("Trustee"). The beneficiary
<br />is Hame 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"). PATRICK J DALEY and DENISE D DALEY have entered into aEquity -Line of Credit
<br />("Contract") with Lender as of January 30, 2010, under the terms of which Borrower may, from time to time,
<br />obtain advances not to exceed, at any time, a ***1V~AXIMUiVI PRINCIPAL AMOUNT (EXCLUDING
<br />PROTECTIVE ADVANCES)*** of Sixty Thousand and 00/100 Dollars (U.S. $60,000.00) ("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 February 15, 2015. This Security Instrument secures to Lender: (a) the repayment of
<br />the debt under the Contract, with interest, including future advances, and all renewals, extensions and
<br />modifications of the Contract; (b) the payment of all other sums, with interest, advanced to protect the security of
<br />this Security Instrument under the provisions of the section titled Protection of Lender's Rights in the Property;
<br />and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Contract.
<br />For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and
<br />conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of
<br />HALL, State of Nebraska:
<br />Address: 1533 WARBLER CIRCLE, GRAND ISLAND, Nebraska 68803
<br />Legal Description: LOT ELEVEN (11) SUMMERFIELD ESTATES THIRD SUBDIVISION, 1N
<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 />"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 wilt defend generally the title to the Property against all claims and dema:tds, 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. Harrower 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 />® 20042009 Compliance Systems, Inc. 0020-5619 - 2009.12.368
<br />Consumer Real Estate -Security Instrumrnt DL2036 page I of 5 www.compliancesyatema.com
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