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~.~ m <br /> <br />~_ + ~ ~ r ~~ + n ~ Ga C!~ <br />~ ~ <br />~ <br />~ ~ hi ~. , <br />~. ~ A t7 <br />_ <br />~ <br />~ pp <br />t ,~ \ r ~ ~.~ <br />~ ~ N i <br />r 7•;~ ~ CJ <br /> <br /> I ~~ <br />CJ7 <br />~ ~ ~ ~ ~ .-- ~ <br />Tj^ CS7 ~ C <br />~~~ rrt <br />rn d] <br />~ ~ ~ C <br />1-1 <br /> . <br /> <br />.wa.~ ~ ~' ~ cr1 2 <br />~~ ~ _ ~ <br /> ~ ~ <br /> <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 July 12, 2010. The grantors are JOSEPH I) <br />KU'TLAS and RONNA R KU'I'LAS, HUSBAND AND WIFE, whose address is 1818 W DIVISIUN ST, <br />GRAND ISLAND, Nebraska 6$803 ("Borrower"). Borrower is not necessarily the same as the Person or Persons <br />who sign the Contract. T'he 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"). JOSEPH D KUTLAS and RUNNA R KU'I'I~AS have entered into aEquity -Line <br />of Credit ("Contract") with Lender as of July 12, 201.0, under the terms of which Borrower may, from time to <br />time, obtain advances not to exceed, at any time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUI)LNG <br />PROTECTIVE ADVANCES)*** of Ten Thousand and 00/100 Dollars (U.S. $10,000.00) ("Credit Limit"). <br />Any party interested. in the details related to Lender's continuing obligation to make advances to Borrower is <br />advised to consult directly with Lender. if not paid earlier, the sums owing under Borrower's Contract with Lender <br />will be due and payable on August 1S, 2015. This Security Instrument secures to I..ender: (a) the repayment of the <br />debt under the Contract, with interest, including future advances, and all renewals, extensions and modifications of <br />the Contract; (b) the payment of all other sums, with interest, advanced to protect the security of this Security <br />Instrument uaider the provisions of the section titled Protection of Lender's Rights in the P~aperty; and (c) the <br />performance of Borrower's covenants and agreements under this Security Instrument and the Contract. For this <br />purpose, Burrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to <br />Trustee, in trust, with power of sale, the following described property located in the COUNTY of HALL, State of <br />Nebraska: <br />Address: 181$ W DIVISION S'I', CRAND ISLAND, Nebraska 68803 <br />Legal Description: LOT SEVEN (7) BLOCK FIVE (5) IN CHARGES WASMER'S ADUI"I'ION IN <br />THE CITY OF GRANll ISLAN D~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 Enal, non-appealable judicial opinions. <br />Charges; Liens. Burrower shall pay all taxes, assessments, charges, fines and impositions attributable to tlae <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 lnstniment 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 Properly is subject to a lien which may attain priority over this Security Instrument, Lender znay give <br />¢'~ 2004-2009 Cemplianee Systems, Inc. 002D-3688 - 2009.12.768 <br />Consumer Real Estate -Security Instrument 81.2036 Page I of 5 wwu'.complinncesystems.cnm <br />~5, 50 <br />