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201806075
<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights,
<br />all water and riparian rights, wells, ditches. and water stock, crops, timber including timber to be
<br />cut now or at any time in the future, all diversion payments or third party payments made to
<br />crop producers and all existing and future improvements, structures, fixtures, and replacements
<br />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
<br />underlying agreements have been terminated in writing by Lender.
<br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security
<br />Instrument at any one time and from time to time will not exceed $2,225,000.00. Any
<br />limitation of amount does not include interest and other fees and charges validly made pursuant
<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. The term "Secured Debts" includes and this Security Instrument will
<br />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, No. 90685, dated
<br />September 6, 2018, from MICHAEL R WAGONER , LORNA D WAGONER , MKW
<br />ENTERPRISES LLC and CENTRAL NEBRASKA PROPERTIES LLC (Borrower) to Lender, with a
<br />loan amount of $777,301 .90 and maturing on September 6, 2023.
<br />B. All Debts. All present and future debts from MICHAEL R WAGONER , LORNA D
<br />WAGONER , MKW ENTERPRISES LLC and CENTRAL NEBRASKA PROPERTIES LLC to
<br />Lender, even if this Security Instrument is not specifically referenced, or if the future debt is
<br />unrelated to or of a different type than this debt. If more than one person signs this Security
<br />Instrument, each agrees that it will secure debts incurred either individually or with others
<br />who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a
<br />commitment to make additional or future loans or advances. Any such commitment must be
<br />in writing. This Security Instrument will not secure any debt for which 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. This Security Instrument will not secure any debt for which a security
<br />interest is created in "margin stock" and Lender does not obtain a "statement of purpose,"
<br />as defined and required by federal law governing securities. This Security Instrument will
<br />not secure any other debt if Lender, with respect to that other debt, fails to fulfill any
<br />necessary requirements or fails to conform to any limitations of the Truth in Lending Act
<br />(Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required
<br />for loans secured by the Property.
<br />C. 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. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the
<br />estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and
<br />sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the
<br />Property is unencumbered, except for encumbrances of record.
<br />8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security
<br />agreement or other lien document that created a prior security interest or encumbrance on the
<br />Property, Grantor agrees:
<br />A. To make all payments when due and to perform or comply with all covenants.
<br />MICHAEL R WAGONER
<br />Nebraska Deed Of Trust
<br />NE/ 4CHAPPOLD00000000001737075091318N Wolters Kluwer Financial Services © 1996, 2018 Bankers Page 2
<br />Systems'.
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