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~ ~~ <br />~~ <br />~~ <br />~~ <br />~~ <br /> <br />~ ~ fo <br />~.- ~ <br />~ ~ (t <br />~. <br />m <br />s <br />0 <br /> <br />a <br />r` ;list ~ <br /> <br />° C"! ('~ <br /> <br />rn <br />a <br />. C <br />` r <br />n <br />~~_ <br />~ v <br /> ~ <br />V! <br /> <br />~ _ <br /> ~1 <br />N <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 DEED Ul~ TRUST ("Security Instrument") is made on March 8, 2010. The grantors are MTTCHELL E <br />MENDYK and JUDY L MENDYK, HUSBAND AND WIFE, whose address is 4306 ~ MICHIGAN AVE, <br />GRAND ISLAND, Nebraska b8803-1014 ("Borrower"). Borrower is not necessarily the same as the Person or <br />Fersons who sign the Contract. The obligations of Borrowers who did not sign the Contract are explained further <br />in the section titled Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The <br />trustee is Arend R. Baack, Attorney whose address is P.O. Sox 790, Grand Island, Nebraska 68802 ("Trustee"). <br />The beneficiary is Home Federal Savings & Loan Association of Grand Island, which is organized and existing <br />under the laws of the United States of America and whose address is 221 South Locust Street, Grand Island, <br />Nebraska 68801 ("Lender"). MITCHELL E MENDYK and JUDY L MENDYK have entered into aEquity - <br />Line of Credit ("Contract") with Lender as of March S, 2010, under the terfns of which $orrower may, from time <br />to time, obtain advances not to exceed, at any time, a ***MAXIMUM PRINCIPAL A1V~OUNT (EXCLUDING <br />PROTECTIVE ADVANCES)*** of Eight Thousand and 00/100 Dollars (U.S. $8,000.00) ("Credit Limit"). <br />Any party interested in the details related to Lender's continuing obligation to snake 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 March 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. b'or 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: 430b MICHIGAN AVE, GRAND ISLAND, Nebraska 68803-1014 <br />Legal Description: LOT TEN (loj, IN BLOCK TWO (2), IN JACK VOSS SECOND SUBDIVISION, <br />IN 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 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 Froperty is subject to a lien which may attain priority over this Security Instrument, Lender may give <br />® 2004-2009 Compliance Systems, Iuc. 002L)-8610 - 2009.12.368 <br />Consumer Real Estate -Security Inattument A1.2036 Pagc 1 of 5 ' www.compliancesystems.com <br /> ~= m <br /> c-a ~ ~ <br /> <br />~ <br />C7 -"1 O <br /> ~.~ v= T <br /> ~~~ ~ ~ <br />a ~ m <br />~a ' <br />~ r <br />n <br />~ c~ <br />~' ~- ~ ~ p <br />~ <br />~~ F..~ ~ ~, w a <br /> .~ ~, ;~ <br />~ ~_ <br />C~ ~ ~.i ~ <br /> <br />C7 ~ C'" Ta F""'a JJ <br />Cf7 Cn <br /> F.,a ~ "~~ <br /> <br /> Ut r.~•-....r <br /> ~~ ...T <br /> . ~ -~' <br /> 0 <br />a2.5 So <br />