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~~~ <br />©~ <br />N ~ ,~ ~ ~ <br />~ ~~ ~ <br />~ ~_ <br />~~ ~ <br />~~ ~ a ~ <br />0- ~~~ <br />~ ~ <br />rte. <br />..~~ <br />_ -- ~ <br />~: m <br />t w t ~ j , , ~'; ~ ~ ~ rn ~ ° ~ ~ 0 r~ir <br />~~ ~ ~ w ~ ~ ~ <br />~ ~ ~ <br />~ ~ n ~ ~ --1 <br />r ~ ~ <br />~ r ~• ~ C <br />~ ~ ~ ~ <br />m <br />~~ ~ z <br />s ~ -~ <br />o z <br />sr~. ~ <br />(apace Above This Line For Recording Data) C~ <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 February 2, 2010. The grantors are L DENISE <br />MCGOVERN, whose address is 2615 RIVERSH)E DR, GRAND ISLAND, Nebraska 68801-7645 ,and <br />BRIAN J GALLAGHER, WIFE AND HUSBAND, whose address is 2t+15 RIVERSIDE DR, GRAND <br />ISLAND, Nebraska 68801 ("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"). L DENISE MCGOVERN has entered into aEquity -Line of Credit ("Contract") with Lender as of <br />February 2, 2010, 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 />Fifteen Thousand and 00/100 Dollars (U.S. $15,000.00) ("Credit Limit"). Any party interested in the details <br />related to Lender's continuing obligation to make advances to Borrower is advised to consult directly with Lender. <br />If not paid earlier, the sums owing under Borrower's Contract with Lender will be due and payable on February <br />4, 2015. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, with <br />interest, including future advances, and all renewals, extensions and modifications of the Contract; (b) the payment <br />of all other sums, with interest, advanced to protect the security of this Security Instrument under the provisions of <br />the section titled Protection of Lender's Rights in the Property; and (c) the performance of Borrower's <br />covenants and agreements under this Security Instrument and the Contract. For this purpose, Borrower, in <br />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: 2615 RIVERSH)E DR, GRAND ISLAND, Nebraska b8801-7645 <br />Legal Description: LOT EIGHT (8), IN BLOCK ONE (1), IN SOUTHERN ACRES ADDITION TO <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 far 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 />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 Camplumcc Systems, Inc. 002D-E78B - 2009.12.368 <br />Consumer Real Estate -Security Instrument PL2036 Page 1 of 5 www.compliencesystems.com <br />