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~~ <br />v'::~t <br /> <br /> <br />~ ~~ <br />~ ~w <br />~ <br />4 <br />~ <br />~ <br />CO ~ <br />~ <br />~~ <br />~~ <br />~~ r <br /> <br />m <br /> <br />= ~ _~ <br /> <br />~ <br /> <br />~ ~ <br /> <br />~ m <br /> C ~ <br />P ~ <br />~ ~ +v~_~ ~ ~ <br />~ ~ <br />~ ~ ~ ~ © v <br /> YI <br />C] ~ ~ <br />q <br />~ y <br /> ~ ~ "~ Q ~ <br /> b t ~x ,~ t"rl Z <br /> w ~l ~~ ~ <br /> ~ <br />~ r"" ~ ~ <br /> [^ p ~ ~ F,..a ~ <br /> <br /> V <br /> ~' `"'~..~~ x"1""1 <br /> rv cn <br /> ~ <br />(Space Above This Line For Recording Uata) <br />DEED OF TRUST <br />THIS DEED OF 'I"RUST ("Security Instrument") is made on March 1, 2010. The grantors are KLRK D <br />YOACHIM, husband and wife, and WANAA FAY YOACHIM, whose address is 202 N 2Nll ST, Doniphan, <br />Nebraska 68832 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign the Note. <br />The obligations of Borrowers who did not sign the Note are explained further in the section titled Successors and <br />Assigns Bound; Joint and Several Liability; Accommodation Signers. The trustee is Arend R. Baack, <br />Attorney whose address is P.O. Box 790, Grand Island, Nebraska 68802 ("'trustee"). The beneficiary is IIome <br />Federal Savings & Loan Association of Grand Island, which is organized and existing under the laws of the <br />United States of America and whose address is 221 South Locust Street, Grand Island, Nebraska 68801 <br />("Lender"). KIRK D YOACHIM and WANDA FAY YOACHIM owe Lender the principal sum of Forty- <br />three Thousand Two Hundred Fourteen and 47/100 Dollars (U.S. $43,214.47), which is evidenced by the note, <br />consumer loan agreement, or similar writing dated the same date as this Security Instrument (the "Note"), which <br />provides for periodic payments ("Periodic Payments"), with the full debt, if not paid earlier, due and payable on <br />April 15, 2016. "Phis Security Instrument secures to Lender: (a) the repayment of the debt evidenced. by the Note, <br />with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with <br />interest, advanced to protect the security of this Security Instrument under the provisions of the section titled <br />Protection of Lender's Rights in the Property; and (c) the performance of Borrower's covenants and agreements <br />under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust <br />herein created, irrevocably grants and conveys to 'Trustee, in trust, with power of sale, the following described <br />property located in the COUN'T'Y of HALL, State of Nebraska: <br />Address: 202 N 2ND S'I', Doniphan, Nebraska 68832 <br />Legal Description: LOT EIGHT (8), BLOCK EIGHT (8), ORIGINAL TOWN OF DONIPHAN, <br />IIALL COUNTY, NEBRASKA <br />TOGE'I'HE,R 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 demaitds, subject to <br />any encumbrances of record. <br />Secured Indebtedness. The debt evidenced by the Note and which is secured by this Security Instrument is <br />subject to the provisions of 12 CFR 226.3. Borrower acknowledges that Borrower has received the disclosures <br />prescribed by 12 CFR 226.32 at least three business days prior to the execution of the Note and this Security <br />Instntment, or as otherwise required by 12 CFR 226,31. Borrower and Lender further acknowledge and agree that <br />this Security Instrument will secure additional debt sul?ject to 12 CFR 226.32 only if Lender satisfies the necessary <br />requirements imposed on such debt imposed by 12 CFR 226.32 and Applicable Law. <br />Borrower and Lender covenant and agree as follows: <br />Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the <br />principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the <br />Note. <br />Applicable Law. As used. in this Security Instrument, the term "Applicahle I~aw" shall mean all controlling <br />applicable federal, state azzd 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 />Funds for Taxes and Insurance. At Lender's request and subject to Applicable Law, Borrower shall pay to <br />Lender on the day periodic payments are due under the Note, until the Note is paid. in full, a sum (i'Funds") for: (a) <br />yearly taxes and assessments which may attain priority over this Security Instrument as a lien ozz the Property; (b) <br />yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance <br />premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) <br />any sums payable by Borrower to Lender, in accordance with the provisions of the paragrapl~ titled Mortgage <br />Insurance, in lieu of the payment of mortgage insurance premiums. These items, are called "Escrow Items." <br />3b . s o <br />H~ 2004-2009 Compliance Systems, Inc. 002D-ECF7 - 2009,12368 <br />Consumer Real Estate -Security Instrument DL2036 Page I ol'6 www.complianccsystans.com <br />