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200402778 <br />State of Nebraska Space Above This Line For Recording Data <br />REAL ESTATE DEED OF TRUST <br />(With Future Advance Clause) <br />0 Construction Security Agreement <br />1. DATE AND PARTIES. The date of this Deed of Trust is Mar 19_,___2004_____________ ______ and the parties and their addresses <br />are as follows: <br />TRUSTOR: Steven T. Brockhaus and Amy J. Brockhaus, Husband and Wife and Terrence C. <br />Brockhaus, A single person <br />22400 445 Street <br />Humphrey, NE 68652 <br />= Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: Union Bank and Trust Company <br />3643 South 48th Street <br />Lincoln, NE 68506 <br />BENEFICIARY: union Bank and Trust Company <br />3643 South 48th Street, PO Box 82535 Lincoln, NE 68501 -2535 <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure <br />the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of the <br />Beneficiary, with power of sale, the following described property:' <br />The S1 /2 of the NW1 /4 and the SW1 /4 of Section 19, Township 11 North, Range 12 West of the 6th P.M., Hall <br />County, Nebraska. <br />The property is located in ------------------------------ all_____________ - _____ at S2__NW4 --- &__SW4--- 19- 11N- 12W; --- Hall------- <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 diversion <br />payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, <br />and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as <br />"Property "). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, <br />reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however <br />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 $ $ 3 4 0 0 0 0.0 0 . This limitation of amount does not include <br />interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to <br />this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the terms of this Deed <br />of Trust to protect Beneficiary security and to peform any of the covenants contained in this Deed of Trust. Future advances <br />are contemplated and, along with other future obligations, are secured by this Deed of Trust even though all or part may not <br />yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to make additional or future loans <br />or advances in any amount. Any such commitment would need to be agreed to in a separate 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.) 1 Fixed Rate <br />Promissory Note to Terrence C. Brockhaus, dated 3/19/04 in the amount of $85,000 <br />maturing 4/1/2014. 1 Fixed Rate Note to Steven T. Brockhaus & Amy J. Brockhaus <br />in the amount of $85,000 dated 3/19/04 and maturing 4/1/2014. ^ (� <br />NEBRASKA - AGRICULTURAUCOMMERCIALDEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMERPURPOSES)IL <br />01993 Bankers Systems, Inc., St. Cloud, MN Form AG /CO -DT -NE 3/8/2001 <br />- C164(NE) (0107).02 <br />VMP MORTGAGE FORMS - (800)521.7291 Loan Number 880740 <br />OD <br />