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t..,~ C"7 U~ ~. <br /> S <br />1 _ '.' <br />,.~~ <br />N ~ ~ <br />O to <br />a <br />o "7I ~ z ~ <br />= ~ <br />~ ~ ~ ~ ~~ <br />~~ ~ ~.~ <br />` ~_ ~ ~+ <br />~ ~ <br />C~ a~T°1 <br />V <br />~ ~- ~ ~ ~ n w `~ ep p "til S <br />~ ~ h Q ~ ~ = c~ ~- ~'e rr'I Ct7 Z <br /> ~ ~ rn ~ ~ r- ~7 ' <br />- <br />i <br /> ~ <br />J <br />~~ <br /> ~ ~ ~ <br /> ~ `~ ~ `j' z <br /> <br /> <br />- o <br /> N <br /> __.--.... _._ <br />-... <br />-(Space Above This Line F"or Kecording Da _._ <br />ta) ._ . <br />--- <br /> <br />~,a'~~ <br /> LOAN NUMBER: 0100610668 <br /> DEED OF TRUST <br /> (PREA UTHORIZED (OPEN END) CREDIT -FUTURE A DVANC ES ARE SECURED <br /> BY THIS DEED OF TRUST) <br />THIS DEED OF TRUST ("Security lnstnament") is made on June 19, 2009. The grantor is SHAY P <br />MCGOWAN, HUSBAND AND WIFE, and JACEY L MCGOWAN, HUSBAND AND WIFE, whose address <br />is 533 LINDEN AVE, Grand Island, Nebraska 68801 ("Borrower"), Borrower is not necessarily the same as the <br />Person or Persons who sign the Contract. The obligations of Borrowers who did not sign the Contract are <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. Sox 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"). SHAY P MCGOWAN and JACEY L <br />MCGOWAN have entered into aEquity - Lrne of Credit ("Contract") with Lender as of June 19, 2009, under <br />the terms of which Borrower may, from time to time, obtain advances not to exceed, at any time, a <br />***MAXIMUM PRINCIPAL AMOUNT (EXCLUDING PROTECTIVE ADVANCES)*** of Twenty <br />Thousand and 00/100 Dollars (U.S. $20,000.00) ("Credit Limit"). Any party interested in the details related to <br />Lender's continuing obligation to make advances to Borrower is advised to consult directly with Lender. if not <br />paid earlier, the sums owing under Borrower's Contract with Lender will be due and payable on June 15, 2014, <br />This Security Instrument secures to Lender: (a) the repayment of the debt under the Contract, with interest, <br />including future advances, and all renewals, extensions and modifications of the Contract; (b) the payment of all <br />other sums, with interest, advanced to protect the security of this Security Instrument under the provisions of the <br />section titled Protection of Lender's Rights in the Property; and (c) the performance of Borrower's covenants <br />and agreements under this Security Instrument and the Contract. For this purpose, Borrower, in consideration of <br />the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the <br />following described property located in the COUNTY of HALL, state of Nebraska: <br />Address: 533 LINDEN AVE, Grand Island, Nebraska 68801 <br />Legal Description: LOT TWENTY FIVE (25), IN EAGLE LAKE ESTATES SUBDIVISION, HALL <br />COUNTY,NEBRASKA <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, <br />appurtenances, and fixtures now ar 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 aver 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. 1f Lender determines that any <br />H9 :004-2008 Copyright Compliance Systems, Inc. 74EU-0960 - 2008.10.289 www.compliancesystems.cwn <br />Conswner Real Estate -Security Instrument UL2036 Pagc I of 5 800-968-8522 -Fax 616.956.1868 <br />