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200/02313 <br />LOT SIX (6 ), BLOCK THREE (3), PONDEROSA LAKE ESTATES FOURTH SUBDIVISION, AN ADDITION TO THE <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />The Property is located in HALL County at 331 PONDEROSA DR, GRAND ISLAND, Nebraska 68803. <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and <br />riparian rights, wells, ditches and water stock and all existing and future improvements, structures, fixtures, <br />and replacements that may now, or at any time in the future, be part of the real estate described (all referred to <br />as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying <br />agreements have been terminated in writing by Lender. / <br />2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one <br />time will not exceed $52,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained in this Security Instrument. <br />3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note, No. 535-1108197 LMK, dated February 15, 2000, from RANDY L GARD <br />(Borrower) to Lender, in the amount of $52,086.50 with an interest rate of 10.14 percent per year maturing <br />on March 1, 2005. <br />B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security <br />Instrument. <br />4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in <br />accordance with the terms of the Secured Debts and this Security Instrument. <br />5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by <br />this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, <br />with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of <br />record. <br />6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or <br />other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: <br />A. To make all payments when due and to perform or comply with all covenants. <br />B. To promptly deliver to Lender any notices that Grantor receives from the holder. <br />C. Not to allow any modification or extension of, nor to request any future advances under any note or <br />agreement secured by the lien document without Lender's prior written consent. <br />7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, <br />ground rents, utilities, and other charges relating to the Property when -due. Lender may require Grantor to <br />provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's <br />payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security <br />Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor <br />may have against parties who supply labor or materials to maintain or improve the Property. <br />8. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately <br />due and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This <br />right is subject to the restrictions imposed by federal law governing the preemption of state due -on -sale laws, <br />as applicable. <br />9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this Security <br />Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing <br />Grantor or to which Grantor is a party. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good <br />condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, <br />impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. <br />Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior <br />RANDY L GARD <br />Nebraska Deed Of Trust <br />IA/ 3T419605E3000000000000003400000035nA °1996 Bankers Systems, Inc., St. Cloud, MN <br />Initialsh�" <br />Page 2 <br />