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PARTIES: This Deed of Trust is made on 06/11/2004 among, the Grantor, JAMES P SMITH and V GLORIA SMITH, HUSBAND AND WIFE <br />( "Borrower "), <br />AREND R BAACK, ATTORNEY, whose residence address is P. O. Box 790, Grand Island, Hall County, Nebraska ( "Trustee "), and the <br />Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, a corporation organized and existing under the <br />laws of NEBRASKA whose address is 221 SOUTH LOCUST STREET, GRAND ISLAND, NEBRASKA 68801 ( "Lender "). <br />CONVEYANCE: For value received, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the real property, of <br />which Borrower is lawfully seized, described below and all buildings, fixtures, and existing and future improvements thereon and all rights -of- <br />way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and any appurtenances thereunto belonging (all called the <br />"property "). <br />PROPERTY ADDRESS: 4021 ROTH RD, GRAND ISLAND, Nebraska 68803 <br />LEGAL DESCRIPTION: <br />LOT NINE (9), POTASH SUBDIVISION, HALL COUNTY, NEBRASKA. <br />Located in Hall County, Nebraska. <br />TITLE: Borrower convenants and warrants title to the property, except for <br />SECURED DEBT: This deed of trust secures to Lender repayment of the secured debt and the performance of the convenants and agreements <br />contained in this deed of trust and in any other document incorporated herein. Secured debt, as used in this deed of trust, includes any amounts <br />Borrower owes to Lender under this deed of trust or under any instrument secured by this deed of trust, and all modifications, extensions and <br />renewals thereof. <br />The secured debt is evidenced by (List all instruments and agreements secured by this deed of trust and the dates thereof.): <br />A PROMISSORY NOTE AND SECURITY AGREEMENT DATED 06/11/2004 <br />Future advances: The above amount is secured even though all or part of it may not yet be advanced. Future advances are <br />contemplated and will be secured to the same extent as if made on the date of this deed of trust is executed. <br />❑ Revolving line of credit agreement dated , with initial annual interest rate of % <br />All amounts owed under this agreement are secured even though all amounts may not yet be advanced. Future advances under <br />the agreement are contemplated and will be secured to the same extent as if made on the date this deed of trust is executed. <br />The above obligation is due and payable on June 19, 2013 if not paid earlier. <br />The total unpaid balance secured by this deed of trust at any one time shall not exceed a maximum principal amount of $4,746.50, plus <br />interest, plus any amounts disbursed under the terms of this deed of trust to protect the security of this deed of trust or to perform any of the <br />covenants contained in this deed of trust, with interest on such disbursements. <br />❑ Variable Rate: The interest rate on the obligation secured by this deed of trust may vary according to the terms of that obligation. <br />❑ A copy of the loan agreement containing the terms under which the interest rate may vary is attached to this deed of trust and <br />made a part hereof. <br />RIDERS: ASSIGNMENT OF RENTS <br />DESIGNATION OF HOMESTEAD <br />Pursuant to the Farm Homestead Protection Act, designation of homestead iUttached to this deed of trust and made a part hereof has <br />❑ been disclaimed; the disclaimer is attached to this deed of trust and made a part hereof. <br />SIGNATURES: By signing below, Borrower agree to the terms and convenants contained in this deed of trust, including those on page <br />2, and in any iders described above ai g ed by Borrower. <br />J ES P SMITH V GLORIA SMITH <br />ACKNOWLEDGMENT: STATE OF NEBRASKA, HALL COUNTY SS: <br />The foregoing instrument was acknowledged before me on 06/11/2004 <br />By JAMES P SMITH and V GLORIA SMITH, HUSBAND AND WIFE <br />My commission expires: �C� 2 i t-f <br />,- ` K` -2 `� Notary Public) <br />III GENERAL NOTARY-Slate of Nebraska <br />i CHRIS L. KASKIE <br />My Comm. Up. Dec. 29, 2004 <br />M <br />T <br />= <br />D <br />.� <br />M. <br />c <br />) <br />= <br />n cn <br />C A <br />O � <br />9 <br />D <br />N CD <br />` <br />() <br />cn <br />m ;, <br />z <br />—4 M <br />p CL <br />rb" <br />C) <br />Q <br />A <br />� <br />`- <br />O <br />2 <br />Cn <br />Qi <br />O <br />x <br />►—� CD <br />n <br />CA <br />CD <br />DEED OF TRUST <br />PARTIES: This Deed of Trust is made on 06/11/2004 among, the Grantor, JAMES P SMITH and V GLORIA SMITH, HUSBAND AND WIFE <br />( "Borrower "), <br />AREND R BAACK, ATTORNEY, whose residence address is P. O. Box 790, Grand Island, Hall County, Nebraska ( "Trustee "), and the <br />Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, a corporation organized and existing under the <br />laws of NEBRASKA whose address is 221 SOUTH LOCUST STREET, GRAND ISLAND, NEBRASKA 68801 ( "Lender "). <br />CONVEYANCE: For value received, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the real property, of <br />which Borrower is lawfully seized, described below and all buildings, fixtures, and existing and future improvements thereon and all rights -of- <br />way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and any appurtenances thereunto belonging (all called the <br />"property "). <br />PROPERTY ADDRESS: 4021 ROTH RD, GRAND ISLAND, Nebraska 68803 <br />LEGAL DESCRIPTION: <br />LOT NINE (9), POTASH SUBDIVISION, HALL COUNTY, NEBRASKA. <br />Located in Hall County, Nebraska. <br />TITLE: Borrower convenants and warrants title to the property, except for <br />SECURED DEBT: This deed of trust secures to Lender repayment of the secured debt and the performance of the convenants and agreements <br />contained in this deed of trust and in any other document incorporated herein. Secured debt, as used in this deed of trust, includes any amounts <br />Borrower owes to Lender under this deed of trust or under any instrument secured by this deed of trust, and all modifications, extensions and <br />renewals thereof. <br />The secured debt is evidenced by (List all instruments and agreements secured by this deed of trust and the dates thereof.): <br />A PROMISSORY NOTE AND SECURITY AGREEMENT DATED 06/11/2004 <br />Future advances: The above amount is secured even though all or part of it may not yet be advanced. Future advances are <br />contemplated and will be secured to the same extent as if made on the date of this deed of trust is executed. <br />❑ Revolving line of credit agreement dated , with initial annual interest rate of % <br />All amounts owed under this agreement are secured even though all amounts may not yet be advanced. Future advances under <br />the agreement are contemplated and will be secured to the same extent as if made on the date this deed of trust is executed. <br />The above obligation is due and payable on June 19, 2013 if not paid earlier. <br />The total unpaid balance secured by this deed of trust at any one time shall not exceed a maximum principal amount of $4,746.50, plus <br />interest, plus any amounts disbursed under the terms of this deed of trust to protect the security of this deed of trust or to perform any of the <br />covenants contained in this deed of trust, with interest on such disbursements. <br />❑ Variable Rate: The interest rate on the obligation secured by this deed of trust may vary according to the terms of that obligation. <br />❑ A copy of the loan agreement containing the terms under which the interest rate may vary is attached to this deed of trust and <br />made a part hereof. <br />RIDERS: ASSIGNMENT OF RENTS <br />DESIGNATION OF HOMESTEAD <br />Pursuant to the Farm Homestead Protection Act, designation of homestead iUttached to this deed of trust and made a part hereof has <br />❑ been disclaimed; the disclaimer is attached to this deed of trust and made a part hereof. <br />SIGNATURES: By signing below, Borrower agree to the terms and convenants contained in this deed of trust, including those on page <br />2, and in any iders described above ai g ed by Borrower. <br />J ES P SMITH V GLORIA SMITH <br />ACKNOWLEDGMENT: STATE OF NEBRASKA, HALL COUNTY SS: <br />The foregoing instrument was acknowledged before me on 06/11/2004 <br />By JAMES P SMITH and V GLORIA SMITH, HUSBAND AND WIFE <br />My commission expires: �C� 2 i t-f <br />,- ` K` -2 `� Notary Public) <br />III GENERAL NOTARY-Slate of Nebraska <br />i CHRIS L. KASKIE <br />My Comm. Up. Dec. 29, 2004 <br />