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� � 99 109797
<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,
<br /> structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate
<br /> described (all referred to as Propertyl. This Security Instrument will remain in effect until the Secured Debts and
<br /> all underlying agreements have been terminated in writing by Lender.
<br /> 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one
<br /> time will not exceed 546,037.75. This limitation of amount does not include interest and other fees and charges
<br /> validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under
<br /> the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained
<br /> in this Security Instrument.
<br /> 3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts:
<br /> A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
<br /> replacements. A promissory note, dated September 16, 1999, from JAMES L ROWLEY, TERRI L. ROWLEY
<br /> and (Borrower) to Lender, in the amount of S46,037.75 with interest at the rate of 8.75 percent per year
<br /> maturing on September 20, 2009.
<br /> B. All Debts. All present and future debts from JAMES L ROWLEY, TERRI L. ROWLEY and to Lender, even
<br /> if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different
<br /> type than this debt. ii more than ane person siyns this Security lnstrurrient, each agrees that it will secure
<br /> debts incurred 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 advances. Any such
<br /> commitment must be in writing. In the event that Lender fails to provide notice of the right of rescission,
<br /> Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this
<br /> Security Instrument. This Security Instrument will not secure any debt for which a non-possessory, non-
<br /> purchase money security interest is created in "household goods" in connection with a "consumer loan," as
<br /> those terms are 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" and Lender does
<br /> not obtain a "statement of purpose," as defined and required by federal law governing securities.
<br /> C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security
<br /> Instrument.
<br /> 4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in
<br /> accordance with the terms of the Secured Debts and this Security Instrument.
<br /> 5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by
<br /> this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust,
<br /> with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of
<br /> record.
<br /> 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other j
<br /> lien document that created a prior security interest or encumbrance on the Property, Grantor agrees:
<br /> A. To make all payments when due and to perform or comply with all covenants.
<br /> B. To promptly deliver to Lender any notices that Grantor receives from the holder.
<br /> C. Not to allow any modification or extension of, nor to request any future advances under any note or
<br /> agreement secured by the lien document without Lender's prior written consent.
<br /> i
<br /> 7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments,
<br /> ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to
<br /> provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's
<br /> payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security
<br /> Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor
<br /> may have against parties who supply labor or materials to maintain or improve the Property.
<br /> 8. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately
<br /> due and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This
<br /> right is subject to the restrictions imposed by federal law governing the preemption of state due-on-sale laws, as
<br /> applicable.
<br /> JAMES L ROWIEY
<br /> Nebraska Deed Of Trust Initials
<br /> NE/2Heath054B000000000000000C0000000Dn3 �1996 Bankers Systems,Inc.,St.Cloud,MN Page 2
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