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N ~ <br />~ ..nay <br />~ ~~ <br />~ ~~ <br />~ ~^ <br />~~ <br />~ ~^ <br /> ^= ~ <br /> c7 cry ,~ <br /> .. ~--.a o -a C~ -1 <br /> <br />' " ~ d i <br />v~ <br /> <br />n n ., <br />r..~ti, <br />~~ <br />Cw S <br />tV <br />1"r1 <br /> <br />~ <br />= -s> <br />' <br />~~- ~ 7-, <br />~ ~ r <br />C~7 ~ <br /> C ~ <br />tf ~ ~ c7 d <br />M ~ ~ ~ <br />] <br /> A ~ ,..~ -~ ...,. C/ <br /> AN <br />C7 ~ <br />~~~~ ~... <br />:.T_ rT"1 Q <br /> <br /> ~ ` " <br />0 ~ f <br />Iy" C7 <br />) ~ <br />1} U' in C <br />1 <br /> ~~ ~ Z <br /> ~ <br /> Z <br />Q <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 August 23, 2010. The grantors are CHERYL L <br />KOSMICKI, whose address is 4223 MANCHESTER RD, GRAND ISLAND, Nebraska 68803-2214 ,and <br />RANDALL P KOSMICKI, WIFE AND HUSBAND, whose address is 4223 MANCHESTER RD, GRAND <br />ISLAND, Nebraska 68803 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign <br />the 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 Island, 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"). CHERYL L KOSMICKI has entered into aEquity -Line of Credit ("Contract") with Lender as of <br />August 23, 2010, under the terms of which Borrower may, from time to time, obtain advances not to exceed, at <br />any time, a ***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE ADVANCES)*** of <br />Fifteen Thousand Five Hundred and 00/100 Dollars (U.S. $15,S00.0q) ("Credit Limit"). Any party interested in <br />the details related to Lender's continuing obligation to make advances to Borrower is advised to consult directly <br />with Lender. If not paid earlier, the sums owing under Borrower's Contract with Lender will be due and payable on <br />September 15, 2015. This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, <br />with interest, including future advances, and all renewals, extensions and modifications of the Contract; (b) the <br />payment of all other sums, with interest, advanced to protect the security of this Security Instrument under the <br />provisions of the section titled Protection of Lender's Rights in the Property; and (c) the performauce of <br />Borrower's covenants and agreements under this Security Instrument and the Contract. For this purpose, Borrower, <br />in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with <br />power of sale, the following described property located in the COUNTY of HALL, State of Nebraska: <br />Address: 4223 MANCHESTER RD, GRAND ISLAND, Nebraska 68803-2214 <br />Legal Description: LOT SEVENTY-THREE (73), LE HEIGHTS FOURTH SUBDIVISION, A <br />TRACT OF LAND COMPRISING A PART OF THE EAST HALF OF THE NORTHWEST <br />QUARTER (El/2NW1/4) OF SECTION ELEVEN (11), TOWNSHIP ELEVEN (11) NORTH, <br />RANGE TEN (10) WEST OF THE 6TH P.M., 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. Harrower 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 />®2004-2009 Compliance Systems, ]nc. 002D-6709 - 2009,12,368 <br />Consumer Real Estate - Sxucrty instrument DL2036 Page 1 of 5 www.complianccsystcros.cam <br />~ y, 5 0 <br />