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<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 Instrurnent") is made on October 22, 2010. The grantors are DAVID W
<br />KOZAK and DEBRA J KOZAK, HUSSAND AND WIFE, whose address is 4710 CALVIN DR, GRAND
<br />ISLAND, Nebraska 68801-8720 ("Borrower"). Sorrower is not necessarily the same as the Ferson or Persons who
<br />sign the Contract. The obligations of Borrowers who did not sign the Contract are explained fiurther in the section
<br />titled Successors and Assigns Bound; Joint and Several Liability; Accommadation Signers. The trustee is
<br />Arend R. Baack, Attorney whose address is P.O. Sox 790, Grand Island, Nebraska 68802 ("Trustee"). The
<br />beneficiary is Home Federal Savings & Loan Assoeiation of Grand Island, which is arganized 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"). DAVID W KOZAK and DESRA J KOZAK have entered into a�quity - Line of
<br />Credit ("Contaract") with Lender as of Oetober 22, 2010, under the terms of which Borrower may, from time to
<br />time, obtain advances not to exceed, at any time, a***MAXAVILTM PRINCIPAL AMOUNT (EXCLUDING
<br />PROTECTNE ADVANCES)*** of Fifteen Thousand and 00/100 Dollars (U.S. $15,000.00) ("Credit Limit").
<br />Any party interested in the details related to Lender's continuing obligation to make advanecs to Borrower is
<br />advised to consult directly with Lender. If not paid earlicr, the sums owing under Borrower's Contract with Lender
<br />will be due and payable on November 15, 2015. This Security Tnstrument secures to Lender: (a) the repayrtxent of
<br />the debt under the Contract, with interest, including futu�'e 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 properiy located in the COIINTY of
<br />HALL, State af Nebraska:
<br />Address: 4710 CALVIN DR, GRAND ISLAND, Nebraska 68801-8720
<br />Legal Description: LOT SIXTEEN (16), IN BLOCK THREE (3), LAKE DAVIS ACRES
<br />SUBDIVISION, HALL COUNTY, NESRASKA
<br />TOGETH�R 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 refenred 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 Praperty and that the Property is unencumbered, except for encumbrances of record.
<br />Borrawer 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 follaws:
<br />P�yment of Principal and Interest; Other Charges. Borrower shall promptly pay when due the principal of and
<br />interest on the debt owed under the Cantract and late charges or any other fees and charges due under the Contract.
<br />Applicable Law. As used in this Security Instrurnent, the term "Applicable Law" shall mean all contralling
<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 prornptly 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 li�n 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 priarity over this Security Inst.�ument, Lender may give
<br />� 2004-2009 Compliance Systems, Inc. 002Q64AE - 2009.12368
<br />Consumcr Rcal Estatc - Sxurity Instlument AL2036 Page I vf 5 www.eamplianccsystcros.com
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