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State of Nebraska Space Above This Line For Recording Data <br />REAL ESTATE DEED OF TRUST <br />(With Future Advance Clause) <br />IX Construction Security Agreement <br />I. DATE AND PARTIES. The date of this Deed of Trust is ... . ..............10;11, ;2001, , , , , , , , , , , , , , , , , and the parties and their <br />addresses are as follows: <br />TRUSTOR: Starostka Group, Co., 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 />1333 N Webb Road <br />Grand Island, NE 68803 <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 Twelve 112), Amick Acres West Subdivision, Ball County, Nebraska. <br />The property is located in ..................... . ..... . ...... Hall ...... ............... ........ , . at ..... ............................... , ..... , . <br />(County) <br />........... .. ... ........ . ....... . 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 $ 2QR.. Q99, 44 ..... ............................... . 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 10.15 -99 executed by Danny Starostka, President, Starostka Group, Co.. <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 />norn 1 im ammmoirmr mri m film n ru wir m III 1111Am (i� <br />CZ) <br />� <br />M <br />T <br />r <br />i—, <br />O —1 <br />O <br />D7C <br />{ <br />NC'ii� <br />GL <br />/�}�\ <br />C> <br />® <br />CDO <br />= z <br />�r <br />o <br />CD <br />n <br />r <br />h <br />0 <br />^ <br />!i <br />C-a <br />7t <br />D <br />C73 <br />Cn <br />C:D <br />zooilo soy <br />� <br />� <br />o <br />State of Nebraska Space Above This Line For Recording Data <br />REAL ESTATE DEED OF TRUST <br />(With Future Advance Clause) <br />IX Construction Security Agreement <br />I. DATE AND PARTIES. The date of this Deed of Trust is ... . ..............10;11, ;2001, , , , , , , , , , , , , , , , , and the parties and their <br />addresses are as follows: <br />TRUSTOR: Starostka Group, Co., 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 />1333 N Webb Road <br />Grand Island, NE 68803 <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 Twelve 112), Amick Acres West Subdivision, Ball County, Nebraska. <br />The property is located in ..................... . ..... . ...... Hall ...... ............... ........ , . at ..... ............................... , ..... , . <br />(County) <br />........... .. ... ........ . ....... . 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 $ 2QR.. Q99, 44 ..... ............................... . 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 10.15 -99 executed by Danny Starostka, President, Starostka Group, Co.. <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 />norn 1 im ammmoirmr mri m film n ru wir m III 1111Am (i� <br />