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~~ <br /> <br />~~ <br />~, <br />C- <br />m <br /> <br />- <br />N ~ <br /> <br />h ~ <br />C m if>r <br />n = :~ ;'s ~ rat <br />- ~' ~j <br />~ m <br />~ ~ n Z ~ ; r <br />~7 ` r` ~ -~ ~ a <br /> r <br /> <br /> <br />Cn ~ rrt <br />.. -•~ L t~ 4 '--1 <br /> <br /> <br />~r• ^~ V~ ~ <br /> A^ <br /> ~ ~t <br />fir- (J7 <br />(Space Above This Line For Re(~ottting taata) <br />DEED QF TRUST <br />(PREAUTHORIZED (OPEN END) CREDIT -FUTURE ADVANCES ARE SECURED <br />BY THIS DEED OF TRUST) <br />THIS DEED OF T1ZUS"I' ("Security Instrument") is made on August 3l, 2070. The grantors are BRAXTUN J <br />MFRRIHCW at3el-6IFAi~1A-I~•MF..RRIIIEW, HUSBAND-AND WIFE, whose address is 2122 NASHVILLE S°I', <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.U. 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 48801 ("Lender"). BRAXTON J MERRiHEW and SHANA K MFRRIH.EW have entered into a <br />Equity -Line of Credit ("Contract") with Lender as of August 31, 2010, under the ternis of which Borrower znay, <br />from time to time, obtain advances not to exceed, at any time, a ***MAXIMIIM PRINCIPAL AMOUN'1" <br />(EXCLUDING PROTECTIVE ADVANCES)*** of'I'en Thousand and 00/100 Dollars (LJ.S. $10,000.00) <br />("Credit Liznit"). Any party interested in the details related to Lender's continuing obligation to make advances to <br />Borrower is advised to consult directly with Lender. if not paid earlier, the sums owing under Borrower's Contract <br />with Lender will be due and payable on September 15, 2015. This Security Instrument secures to Lender: (a) the <br />repayment of the debt under the Contract, with interest, including firture advances, and all renewals, extensions and <br />modifications of the Contract; (h) 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 deht and the trust herein created, irrevocably grants and <br />conveys to Trustee, in trust, with power of sale, the following described property located in f}ze CUUNTY of <br />HALh, State of Nebraska: <br />Address: 2122 NASHVILLE ST, GRAND ISLAM), Nebraska 68803 <br />Legal Description: LOT 'THIRTY-UNE (31), JEFFREY OAKS SIXTH SUBDIVISION, IN THE <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />TOGETHER WITII 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 lawfiilly 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 />Bozrpwer 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; Uther 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 ziaean 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 zlnpOSitlon5 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 Leader; (b) <br />contests in good faith the lien by, or defends against enforcement. of the lien in, legal proceedings wlziclz 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 tlus Security Instrument, Lender may give <br />~;u 2(704-2009 ('nmplivtce Systems, Inc. 002L)-154E - 2009.12368 <br />Consumer Real Estate -Security tnstrumcnt D1~2036 Page I nl'S wuw,unnplirmrr•4ystnnq.rom <br />~~ yU <br />