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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 Instrument") is made on February 1, 2011. The grantors are DANIEL R
<br /> ZABKA and DENISE R ZABKA, husband and wife, whose address is 4007 W FAIDLEY AVE, GRAND
<br /> ISLAND, Nebraska 68803 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign
<br /> the Equity - Line of Credit ("Contract"). The obligations of Borrowers who did not sign the Contract are 15
<br /> explained further in the section titled Successors and Assigns Bound; Joint and Several Liability;
<br /> Accommodation Signers. The trustee is Arend R. Baack, Attorney whose address is P.O. Box 790, Grand
<br /> Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings & Loan Association of Grand
<br /> Island, which is organized and existing under the laws of the United States of America and whose address is 221
<br /> South Locust Street, Grand Island, Nebraska 68801 ("Lender"). DANIEL R ZABKA and DENISE R ZABKA
<br /> have entered into a Contract with Lender as of February 1, 2011, under the terms of which Borrower may, from
<br /> time to time, obtain advances not to exceed, at any time, a ***MAXIMUM PRINCIPAL AMOUNT
<br /> (EXCLUDING PROTECTIVE ADVANCES)*** of Two Hundred Thousand and 00/100 Dollars (U.S.
<br /> $200,000.00) ("Credit Limit"). Any party interested in the details related to Lender's continuing obligation to make
<br /> advances to Borrower is advised to consult directly with Lender. If not paid earlier, the sums owing under
<br /> Borrower's Contract with Lender will be due and payable on February 15, 2016. This Security Instrument secures
<br /> to Lender: (a) the repayment of the debt under the Contract, with interest, including future advances, and all
<br /> renewals, extensions and modifications of the Contract; (b) the payment of all other sums, with interest, advanced
<br /> to protect the security of this Security Instrument under the provisions of the section titled Protection of Lender's
<br /> Rights in the Property; and (c) the performance of Borrower's covenants and agreements under this Security
<br /> Instrument and the Contract. For this purpose, Borrower, in consideration of the debt and the trust herein created,
<br /> irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in
<br /> the COUNTY of HALL, State of Nebraska:
<br /> Address: 4007 W FAIDLEY AVE, GRAND ISLAND, Nebraska 68803
<br /> Legal Description: LOT THIRTY-FOUR(34) IN WESTWOOD PARK FOURTH SUBDIVISION IN
<br /> THE 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 /> (0 2004-2010 Compliance Systems, Inc. EE013-4BDC - 2010.03.378
<br /> Consume- Real Estate - Security Inshutnent DL2036 Page I of 5 ww.compliancesystems.com
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