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-1 <br />T, <br />L DATE AND PARTIES. The date of this Deed of Trust is .................. • • • • • .... • • ........... and the parties and their <br />addresses are as follows: <br />TRUSTOR: Starostka Homes, Inc., A Nebraska Corporation <br />P 0 Box 5316 <br />Grand Island, NE 68802 <br />47. 0760765 <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: Heritage Bank <br />P0 Box 5138 <br />Grand Island, NE 68802 <br />47. 0098350 <br />BENEFICIARY: Heritage Bank <br />1333 North Webb Road <br />P.O. Box 5138 <br />Grand Island, NE 68802 <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 />Lot 2 Amick Acres West 2nd Subdivision, Hall County, Nebraska <br />The property is located in .................................. Hall at ....... 336, Sonja, Drive <br />(County) <br />P OP.* ............ ................ . Nebraska <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 $ 1,$P,,Q09,00 , , , ... . , , . . • . , . _ . , . • ..... , • • ..... • • . • 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 note dated 09.01.01 executed by Starostka Homes, 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 <br />1i91411 IRPN,1i 11, R1 I 1 1111 1 I II I 1 <br />T = D <br />rn <br />R <br />C/3 <br />o -I <br />c n <br />o <br />CID <br />—, <br />rT1 <br />CD <br />cm <br />C3 -Y] <br />O <br />C/? <br />ryl <br />rn y <br />3 <br />rn <br />H <br />O <br />r— <br />r- <br />cc <br />7C <br />O <br />Ca: <br />O <br />Gn <br />C Jl,; <br />State of Nebraska Space Above This Line For Recording Data <br />REAL ESTATE DEED OF TRUST <br />(With Future Advance Clause) <br />Igl Construction Security Agreement <br /><; <br />T, <br />L DATE AND PARTIES. The date of this Deed of Trust is .................. • • • • • .... • • ........... and the parties and their <br />addresses are as follows: <br />TRUSTOR: Starostka Homes, Inc., A Nebraska Corporation <br />P 0 Box 5316 <br />Grand Island, NE 68802 <br />47. 0760765 <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: Heritage Bank <br />P0 Box 5138 <br />Grand Island, NE 68802 <br />47. 0098350 <br />BENEFICIARY: Heritage Bank <br />1333 North Webb Road <br />P.O. Box 5138 <br />Grand Island, NE 68802 <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 />Lot 2 Amick Acres West 2nd Subdivision, Hall County, Nebraska <br />The property is located in .................................. Hall at ....... 336, Sonja, Drive <br />(County) <br />P OP.* ............ ................ . Nebraska <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 $ 1,$P,,Q09,00 , , , ... . , , . . • . , . _ . , . • ..... , • • ..... • • . • 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 note dated 09.01.01 executed by Starostka Homes, 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 <br />1i91411 IRPN,1i 11, R1 I 1 1111 1 I II I 1 <br />