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<br />REAL ESTATE DEED OF TRUST 2 0 010 2 2 4 0
<br />(With Future Advance Clause) �-
<br />❑ Construction Security Agreement,
<br />1. DATE AND PARTIES. The date of this Deed of Trust is ................. 02 -- 22;2001......... , , ....... and the parties and their
<br />"V addresses are as follows:
<br />TRUSTOR: DAVID R. BROWN and JOAN M. BROWN, HUSBAND AND WIFE
<br />4475 S. 90TH ROAD
<br />WOOD RIVER, NE 68883.9653
<br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors.
<br />TRUSTEE: Heritage Bank
<br />110 East 9th Street
<br />Wood River, NE 68883
<br />47- 0098350
<br />BENEFICIARY: Heritage Bank
<br />110 East 9th Street
<br />P.O. Box 487
<br />Wood River, NE 68883
<br />47. 0098350
<br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to
<br />secure the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the
<br />benefit of the Beneficiary, with power of sale, the following described property:
<br />SEE ATTACHED LEGAL DESCRIPTIONS
<br />Theproperty is located in . ............................... HALL. ............................... at ............. ...............................
<br />(County)
<br />.......................... ............................... . WOOD, RIVER .............................. , Nebraska ............ 68883............
<br />(Address) (City) (ZIP Code)
<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all
<br />diversion payments or third party payments made to crop producers, and all existing and future improvements, structures,
<br />fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all
<br />referred to as "Property"). The term Property also includes, but is not limited to, any and all water wells, water, ditches,
<br />reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property,
<br />however established.
<br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this
<br />Deed of Trust at any one time shall not exceed $ N%000-90 . ..... . ..... . . ..... . .. . ... . . ...... . .. . This limitation of amount does
<br />not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly
<br />made pursuant to this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the
<br />terms of this Deed of Trust to protect Beneficiary security and to perform any of the covenants contained in this Deed of
<br />Trust. Future advances are contemplated and, along with other future obligations, are secured by this Deed of Trust even
<br />though all or part may not yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to
<br />make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate
<br />writing.
<br />4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following:
<br />A. The promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all extensions,
<br />renewals, modifications or substitutions (Evidence of Debt). (When referencing the debts below it is suggested that
<br />you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.)
<br />HERITAGE BANK PROMISSORY NOTE IN THE AMOUNT OF $300,000.00 EXECUTED BY DAVID R. BROWN AND JOAN M.
<br />BROWN FOR BROWN FAMILY FARMS, INC.
<br />NEBRASKA - AGRICULTURAL /COMMERCIAL DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) page 1 of 6
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<br />©1993 Bankers Systems, Inc., St. Cloud, MN (1- 800 - 397 -2341) Form AG /CO -DT -NE 10/30/97
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