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<br />to this Security Instrument. Also, this limitation does not apply to advances made under the
<br />terms of this Security Instrument to protect Lender's security and to perform any of the
<br />covenants contained in this Security Instrument.
<br />4. SECURED DEBTS AND FUTURE ADVANCES. The term "Secured Debts" includes and this
<br />Security Instrument will secure each of the following:
<br />A. Specific Debts. The following debts and all extensions, renewals, refinancings,
<br />modifications and replacements. A promissory note or other agreement, dated February 26,
<br />2018, from KOWALSKi FAMILY FARMS, INC. and ALVIN D KOWALSKI III (Borrower) to
<br />Lender, with a loan amount of $ 1,148,428.88 and maturing on April 15, 2018.
<br />B. Future Advances. All future advances from Lender to KOWALSKI FAMILY FARMS, INC.
<br />and ALVIN D KOWALSKI III under the Specific Debts executed by KOWALSKI FAMILY
<br />FARMS, INC. and ALVIN D KOWALSKI 111 in favor of Lender after this Security Instrument.
<br />If more than one person signs this Security Instrument, each agrees that this Security
<br />Instrument will secure all future advances that are given to KOWALSKI FAMILY FARMS,
<br />INC. and ALVIN D KOWALSKI 111 either individually or with others who may not sign this
<br />Security Instrument. All future advances are secured by this Security Instrument even
<br />though all or part may not yet be advanced. All future advances are secured as if made on
<br />the date of this Security Instrument. Nothing in this Security Instrument shall constitute a
<br />commitment to make additional or future advances in any amount. Any such commitment
<br />must be agreed to in a separate writing.
<br />C. All Debts. All present and future debts from KOWALSKI FAMILY FARMS, INC. and
<br />ALVIN D KOWALSKI III to Lender, even if this Security Instrument is not specifically
<br />referenced, or if the future debt is unrelated to or of a different type than this debt. If more
<br />than one person signs this Security Instrument, each agrees that it will secure debts incurred
<br />either individually or with others who may not sign this Security Instrument. Nothing in this
<br />Security Instrument constitutes a commitment to make additional or future loans or
<br />advances. Any such commitment must be in writing. This Security Instrument will not
<br />secure any debt for which a non - possessory, non - purchase money security interest is
<br />created in "household goods" in connection with a "consumer loan," as those terms are
<br />defined by federal law governing unfair and deceptive credit practices. This Security
<br />Instrument will not secure any debt for which a security interest is created in "margin stock"
<br />and Lender does not obtain a "statement of purpose," as defined and required by federal law
<br />governing securities. This Security Instrument will not secure any other debt if Lender, with
<br />respect to that other debt, fails to fulfill any necessary requirements or fails to conform to
<br />any limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement
<br />Procedures Act (Regulation X) that are required for loans secured by the Property.
<br />D. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of
<br />this Security Instrument.
<br />5. LIMITATIONS ON CROSS- COLLATERALiZATiON. The cross - collateralization clause on any
<br />existing or future loan, but not including this Loan, is void and ineffective as to this Loan,
<br />including any extension or refinancing.
<br />The Loan is not secured by a previously executed security instrument if a non - possessory,
<br />non- purchase money security interest is created in "household goods" in connection with a
<br />"consumer loan," as those terms are defined by federal law governing unfair and deceptive
<br />credit practices. The Loan is not secured by a previously executed security instrument if Lender
<br />fails to fulfill any necessary requirements or fails to conform to any limitations of the Real
<br />Estate Settlement Procedures Act, (Regulation X), that are required for loans secured by the
<br />Property or if, as a result, the other debt would become subject to Section 670 of the John
<br />Warner National Defense Authorization Act for Fiscal Year 2007.
<br />The Loan is not secured by a previously executed security instrument if Lender fails to fulfill any
<br />necessary requirements or fails to conform to any limitations of the Truth in Lending Act,
<br />(Regulation Z), that are required for loans secured by the Property.
<br />6. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when
<br />due and in accordance with the terms of the Secured Debts and this Security Instrument.
<br />7. NON - OBLIGATED GRANTOR. Any Grantor, who is not also identified as a Borrower in the
<br />Secured Debts section of this Security Instrument and who signs this Security Instrument, is
<br />referred to herein as a Non - Obligated Grantor for purposes of subsection 7(d)(4) of 12 C.F.R.
<br />1002 (Regulation B) which implements the Equal Credit Opportunity Act (ECOA). By signing
<br />this Security Instrument, the Non - Obligated Grantor does convey and assign their rights and
<br />interests in the Property to secure payment of the Secured Debts, to create a valid lien, to pass
<br />clear title, to waive inchoate rights and to assign earnings or rights to payment under any lease
<br />or rent of the Property. However, the Non - Obligated Grantor is not personally liable for the
<br />Secured Debts by virtue of signing this Security Instrument. Nothing in this section shall be
<br />construed to modify or otherwise affect the Non - Obligated Grantor's obligations, if any, that
<br />were separately made with Lender in a separate agreement and duly signed by the
<br />Non - Obligated Grantor in the context of that separate agreement.
<br />KOWALSKI FAMILY FARMS, INC.
<br />Nebraska Deed Of Trust
<br />NE /4Sgartre10000000000154403ON Wolters Kluwer Financial Services ©1996, 2018 Bankers Page 2
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