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~ ~~. <br />~= ~ <br />~ - 7b <br />~ ~~ ~ <br />3 <br />1A <br />1~~ <br /> <br /> r.- m <br /> n v> Z <br /> <br /> <br /> Z ~ ~a ~~_. <br />" r-- ~ ~ `~ v <br /> <br />~ <br />~~ <br />~ <br />a -T, <br />~ a <br />~ ~ ~ <br />~ u, <br /> ' c~ z <br /> . ~ ~„ ~' ~' <br /> _1 r~ <br />1 ~ r'.. .~7 <br /> ~ <br />Cw,.7 f`". 2Y ..~ C <br /> C+~ ~`# 7~ Q7 <br /> \ ~ <br /> W~ <br /> © ~ ~~ <br /> <br />(Space Above This Line Far 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 June 16, 2010. The grantors are RICHARD D <br />RAILS and DENISE M RAILS, HUSBAND AND WIFE, whose address is 4234 NORSEMAN AVE, <br />GRAND ISLAND, Nebraska 68803 ("Borrower"). Borrower is not necessarily the same as the Person or Persons <br />who sign the Contract. The obligations of Borrowers who did not sign the Contract are explained further in the <br />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. Box 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"). RICHARD D RAILS and DENISE M RAILS have entered into aEquity -Line <br />of Credit ("Contract") with Lender as of June 16, 2010, under the terms of which Borrower may, from time to <br />time, obtain advances not to exceed, at any time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING <br />PROTECTIVE ADVANCES)*** of Twenty-five Thousand and 00/100 Dollars (U.S. $25,000.00) ("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 pf <br />HALL, State of Nebraska: <br />Address: 4234 NORSEMAN AVE, GRAND ISLAND, Nebraska 68$03 <br />Legal Description: LOT TWENTY-ONE (21), LE HEIGHTS FOURTH SUBDIVISION, IN THE <br />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 />~7 2004-20D9 Compliance Systems, Inc. 002D-D6C6.2009.12.J68 <br />Consumer Reat Es[ate - Security Inahument DL2036 Page 1 of 5 www.compliancesystems.com <br />v <br />