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<br /> DEED OF TRUST
<br /> (PREAUTHORIZED (OPEN END) CREDIT - FUTURE ADVANCES ARE SECURED
<br /> BY THIS DEED OF 'T'RUST)
<br /> THIS DEED OF TRUST ("Security Instrument") is made on June 18, 2010. The grantors are ROBERT B KIRK
<br /> and MARLA R KIRK, HUSBAND AND WIFE, whose address is 1703 W DIVISION, GRAND ISLAND,
<br /> Nebraska 68803 ("Borrower"), Borrower is not necessarily the same as the Person or Persons who sign the
<br /> 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 Islall id, 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"). ROBERT B KIRK and MARLA R KIRK have entered into a Equity - Line of Credit ("Contract")
<br /> with Lender as of June 18, 2010, under the terms of which Borrower may, from time to time, obtain advances not
<br /> to exceed, at any time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE
<br /> ADVANCES)*** of Severity-three Thousand Ninety-three and 00/100 Dollars (U,S. $73,093.00) ("Credit
<br /> Limit"). Any party interested in the details related to Lender's continuing obligation to make advances to Borrower
<br /> is advised to consult directly with Lender. If not paid earlier, the sums owing under Borrower's Contract with
<br /> Lender will be due and payable on July 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: 1703 W DIVISION, GRAND ISLAND, Nebraska 68803 BLOCK THIRTEEN
<br /> Legal Description: LOT ONE (1) AND THE EAST HALF (1/2) OF LOT TWO (2)IN CHARLES
<br /> WASMER'S ADDITION 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 tite 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 /> (0 2004-2009 Cmnpliance Systems, Inc. 002D-54C2 - 2009.12.368
<br /> Consumer Real Estate- Security Inshuntenl DI.2036 . Paget of5 mm.compliancesystetns.com
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