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APPL# 001-00045132 <br /> CCD# 0100476880 <br /> HOME FEDERAL - GRAND ISLAND <br /> 221 South Locust St., P.O. Box 1009 <br /> Grand Island, Nebraska 68802-1009 <br /> 308-382-4000 ,. 98� 1��� <br /> `- <br /> ACKNOWLEDGMENT TO DEED OF TRUST <br /> The undersigned "Trustor" as identified in the following Deed of Trust, whether one or more, understand that the <br /> document they are about to execute is a Deed of Trust and not a mortgage, and that the power of sale provided for <br /> in the Deed of Trust provides substantially different rights and obligations to the Borrowers than a mortgage in the <br /> event of a default or breach of obligation under the Deed of Trust, including, but not limited to, the Beneficiary's right <br /> to have the Property identified in the following Deed of Trust sold by the Trustee without any judicial proceeding. <br /> Trustor represents and warrants that this Acknowledgment was executed by them before the execution of the Deed <br /> of Trust hereafter set forth. <br /> /� � .. <br /> . � <br /> ANTHONY L BIR <br /> A R BIR <br /> HOME EQUITY LINE EED OF TRUST <br /> THIS TRUST DEED made this 20TH day of M7�1tCx , 1998 between <br /> ANTHONY L BIRCH AND THERESA R SIRCH, HUSBAND AND WIFE <br /> hereinafter calt "Trustor", whose mailing address is a30 N NORTH �, GR� zSr�rD, NE 68803 <br /> A ND R BAA�K Tpg�E y; as "Trustee"; and Home Federal Savings and loan Association of Grand Island, whose <br /> ma�ng address is'2�South Locust, P.O. Box 1009, Grand Island, Nebraska 68802, as "Beneficiary". <br /> For valuable consideration, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, in trust, with <br /> power of sate, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed <br /> of Trust, the following described property located in x�L <br /> Nebraska, to wit: � <br /> LOT FORTY SIX (46) AND FORTY SEVEN (47) , IN WESTWOOD PARK SUBDIVISION, <br /> GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> together with all buildings, fixtures, improvements and appurtenances thereunto belonging, it being agreed that all of <br /> the toregoing shall be hereinafter referred to as the "Property". <br /> FOR THE PURPOSE OF SECURING performance of each agreement and covenant of Trustor herein contained and <br /> the payment of the principal sum of FIVE THOUSAND DOLLARS & NO/CENTS <br /> Dollars (S 5,000.oo �, as evidenced by a Home Federal Home Equity Loan Agreement between <br /> Trustor and Beneficiary (the "Loan Agreement"►, pursuant to which Beneficiary witl advance funds to Trustor from time <br /> to time at the interest rates and upon the terms provided therein, together with any sum or sums of money with <br /> interest thereon which may hereafter be paid or advanced under tJie terms of this Deed of Trust, both principal sum <br /> and interest thereon being payable according to the terms set forth in the Loan Agreement, reference to which is <br /> hereby made, at the office of the Beneficiary in Grand Island, Nebraska, or at such other place as Beneficiary may <br /> designate in writing. <br /> TRUSTER AND BENEFICIARY COVENANT AND AGREE AS FOLLOWS: <br /> 1. Warranty of Title. Trustor is lawfully seized of the Property; has good right and lawful authority to sell and <br /> convey the Property; the Property is free and clear of all liens and encumbrances except liens now of record; and <br /> Trustor will warrant and defend the title to the Property unto the Trustee and its successors and assigns forever <br /> against the claims of all persons. <br /> 2. Payment of Principal and Interest. Trustor shall punctually pay the principal of, and interest on, all advances <br /> under the Loan Agreement and will punctually perform all agreements, conditions and provisions of any other security <br /> instrument given in connection with this transaction. <br /> 3. Preservation and Maintenance of Property. Trustor will not commit any waste upon the Property at will, at <br /> all times, maintain the same in good order and condition and will make, from time to time, all repairs, renewals, <br /> replacements, additions and improvements which are reasonably required to prevent waste, impairment or deterioration <br /> of said property. No building or improvement now or hereafter erected upon the Property shall be altered removed <br /> or demolished without the prior written consent of Beneficiary. <br /> 4. Insurance. Trustor, at its expense, will maintain with insurers approved by Beneficiary, insurance with respect <br /> to the improvements and personal property constituting the Property against loss by fire, lightning, tornado and other <br /> perils covered by standard extended coverage endorsement in an amount equal to at least one hundred percent of the <br /> full replacement value thereof, and insurance against such other hazards and in such amount as i�cu�tbmari�y;carried <br /> 9/94 <br /> 408-1 <br />