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<br /> <br /> <br />~ <br /> <br />~1~~ r+,t~ 4 <br />~ ~' 9 <br /> <br />~ <br /> <br />_ <br /> <br />~ <br /> <br />~, ~~ <br />'~~ <br />~ <br />~ ~ <br />~ ~ <br /> <br />0 z <br />~ <br />N ~...^ ~ <br />~ ~ <br />z rn <br />n ~ <br />= ~ <br />~ ~ r_ <br />=~ ~ -+ <br />~ ~' rv <br />o <br />c7 <br /> ~ <br />~ <br />"~"^T ~~ rn ~ ~ 4^ t--+ ' <br />' <br />~° -~-" Cry <br /> <br />~ ~ _ ~ ca <br />~ ~ ~ ~ ~ ~ ~ <br />°o ~ <br />-~' r --r ,~ <br /> ~ -- ~ o <br /> a °° <br /> <br />A ~, o <br />(Space Above This Line For Recording Data) <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 May 17, 2010. The grantors are LEO H <br />MACHMULLER JR and KATHLEEN E MACHMULLER, HUSBAND AND WIFE, whose address is 1515 <br />WINDSOR RD, GRAND ISLAND, Nebraska 68801-7061 ("Borrower"). Borrower is not necessarily the same as <br />the Person or Persons who sign the Contract. The obligations of Borrowers who did not sign the Contract are <br />explained further in the section titled Successors and Assigns Bound; Joint and Several Liability; <br />Accommodation Signers. The trustee is Arend R Baack, Attorney whose address is P.O. Box 790, Grand <br />Island, Nebraska 68802 ("Trustee"). The beneficiary is Horne Federal Savings & Loan Association of Grand <br />Island, which is organized and existing under the laws of the United States of America and whose address is 221 <br />South Locust Street, Grand Island, Nebraska 68801 ("Lender"). LEO H MACHMULLER JR and <br />KATHLEEN E MACHMULLER have entered into aEquity -Line of Credit ("Contract") with Lender as of <br />May 17, 2010, under the terms of which Borrower may, from time to time, obtain advances not to exceed, at any <br />time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE ADVANCES)*** of <br />Twenty Thousand and 00/100 Dollars (U.S. $20,000.00) ("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 June 15, <br />2015. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, with interest, <br />including future advances, and all renewals, extensions and modifications of the Contract; (b) the payment of all <br />other sums, with interest, advanced to protect the security of this Security Instrument under the provisions of the <br />section titled Protection of Lender's Rights in the Property; and (c) the performance of Borrower's covenants <br />and agreements under this Security Instrument and the Contract. For this purpose, Borrower, in consideration of <br />the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the <br />following described property located in the COUNTY of HALL, State of Nebraska: <br />Address: 1515 WINDSOR RD, GRAND ISLAND, Nebraska 68801-7061 <br />Legal Description: LOT ONE (1), BLOCK THREE (3), NORMANDY ESTATES, AN ADDTTION <br />TO 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 Property is subject to a lien which may attain priority over this Security Instrument, Lender may give <br />a? 2004-2009 Compliance Systems, Inc. 002D-289C - 2009.12.368 <br />Consumer Real estate -Security Instrument DL2036 Page 1 of 5 www.compliancesystems.com <br />~~, So <br />