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s a <br />4 o <br />C <br />°O <br />W <br />r <br />State of Nebraska Space Above This Line For Recording Data <br />DEED OF TRUST <br />(With Future Advance Clause) <br />❑ Construction Security Agreement <br />❑ Master form recorded by ............................. <br />DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is ..................09.02.2004 <br />and the parties, their addresses and tax identification numbers, if required, are as follows: <br />1. <br />TRUSTOR: <br />Janice M. Kutilek, A SINGLE PERSON <br />337 Pheasant Or <br />Grand Island, NE 68801 <br />0 <br />fV <br />o m <br />o CL <br />s <br />O <br />Cn <br />CD <br />cn <br />C-J CD <br />r-r <br />Z <br />0 <br />❑ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and <br />acknowledgments. <br />TRUSTEE: BANK OF DONIPHAN <br />518 N EDDY <br />GRAND ISLAND, NE 68801 <br />47. 0490809 <br />BENEFICIARY: BANK OF DONIPHAN <br />Organized and existing under the laws of the state of Nebraska <br />118 W Plum <br />Doniphan, NE 68832 <br />47- 0490809 <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to <br />secure the Secured Debt (defined below) and Trustor's performance under this Security Instrument, Trustor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Beneficiary, with power of sale, the following described <br />property: A TRACT OF LAND COMPRISING A PART OF LOTS 37, 38 AND 39, HIDDEN LAKES SUBDIVISON NUMBER TWO, HALL COUNTY, NEBRASKA, MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 39; THENCE SOUTHEASTERLY ALONG THE <br />NORTHEASTERLY LINE OF SAID LOT 39, A DISTANCE OF 262.69 FEET; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 39 A <br />DISTANCE OF 61.38 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 39; THENCE SOUTHWESTERLY ALONG THE SOUTEASTERLY LINE OF SAID LOT 38, A <br />DISTANCE OF 70.13 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 38; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 37, A <br />DISTANCE OF 23.42 FEET; THENCE DEFLECTING RIGHT 92.21' AND RUNNING NORHTWESTERLY A DISTANCE OF 274.45 FEET TO A POINT ON THE <br />NORTHWESTERLY LINE OF SAID LOT 39; THENCE RUNNING NORTHEASTERLY ON THE ARC OF A CURVE WHOSE RADIUS IS 400' AND ON SAID NORTHWESTERLY <br />LINE OF LOT 39 A CHORD DISTANCE OF 151.25 FEET TO THE PLACE OF BEGINNING. <br />The property is located in . ............................... NaJI . ............................... at 3.3.7 Pheasant Or .............................. . <br />(County) <br />............................. ............................... . .................... Gran .414lond..................... Nebraska ........ 68801........ . <br />(Address) (City) (ZIP Code) <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian <br />rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may <br />now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall <br />not exceed $ B.O,Q00.00 .. . ........ ............................... This limitation of amount does not include interest and other fees <br />and charges 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 Beneficiary's security and to perform any of the covenants contained in this <br />Security Instrument. <br />4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: <br />A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described <br />below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is <br />suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) <br />$80,000 line, 1 quarterly interest payment of $525 due on 12.1.04, and 59 monthly payments of $1,521.59 beginning 1.1.05 & final payment of $1,521.63 <br />on 12 -1 -09. <br />NEBRASKA - DEED OF TRUST )NOT FOR FNMA, FHLnnC, FHA OR VA USE) (page 1 of 4) <br />�- "" ©1994 Bankers Systems, Inc., St. Cloud, MN Form RE -DT -NE 1/30/2002 <br /><� <br />C> Cn <br />s <br />o ---+ <br />'rl <br />` <br />c <br />M <br />CA <br />_ <br />� <br />- 1 r^ <br />� <br />Q <br />n <br />CA <br />�! <br />rn <br />7C <br />= <br />M <br />O <br />D ra <br />I,-I <br />3 <br />r a <br />CIO <br />a <br />CZ <br />�v <br />Cn <br />TRUSTOR: <br />Janice M. Kutilek, A SINGLE PERSON <br />337 Pheasant Or <br />Grand Island, NE 68801 <br />0 <br />fV <br />o m <br />o CL <br />s <br />O <br />Cn <br />CD <br />cn <br />C-J CD <br />r-r <br />Z <br />0 <br />❑ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and <br />acknowledgments. <br />TRUSTEE: BANK OF DONIPHAN <br />518 N EDDY <br />GRAND ISLAND, NE 68801 <br />47. 0490809 <br />BENEFICIARY: BANK OF DONIPHAN <br />Organized and existing under the laws of the state of Nebraska <br />118 W Plum <br />Doniphan, NE 68832 <br />47- 0490809 <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to <br />secure the Secured Debt (defined below) and Trustor's performance under this Security Instrument, Trustor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Beneficiary, with power of sale, the following described <br />property: A TRACT OF LAND COMPRISING A PART OF LOTS 37, 38 AND 39, HIDDEN LAKES SUBDIVISON NUMBER TWO, HALL COUNTY, NEBRASKA, MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 39; THENCE SOUTHEASTERLY ALONG THE <br />NORTHEASTERLY LINE OF SAID LOT 39, A DISTANCE OF 262.69 FEET; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 39 A <br />DISTANCE OF 61.38 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 39; THENCE SOUTHWESTERLY ALONG THE SOUTEASTERLY LINE OF SAID LOT 38, A <br />DISTANCE OF 70.13 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 38; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 37, A <br />DISTANCE OF 23.42 FEET; THENCE DEFLECTING RIGHT 92.21' AND RUNNING NORHTWESTERLY A DISTANCE OF 274.45 FEET TO A POINT ON THE <br />NORTHWESTERLY LINE OF SAID LOT 39; THENCE RUNNING NORTHEASTERLY ON THE ARC OF A CURVE WHOSE RADIUS IS 400' AND ON SAID NORTHWESTERLY <br />LINE OF LOT 39 A CHORD DISTANCE OF 151.25 FEET TO THE PLACE OF BEGINNING. <br />The property is located in . ............................... NaJI . ............................... at 3.3.7 Pheasant Or .............................. . <br />(County) <br />............................. ............................... . .................... Gran .414lond..................... Nebraska ........ 68801........ . <br />(Address) (City) (ZIP Code) <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian <br />rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may <br />now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall <br />not exceed $ B.O,Q00.00 .. . ........ ............................... This limitation of amount does not include interest and other fees <br />and charges 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 Beneficiary's security and to perform any of the covenants contained in this <br />Security Instrument. <br />4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: <br />A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described <br />below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is <br />suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) <br />$80,000 line, 1 quarterly interest payment of $525 due on 12.1.04, and 59 monthly payments of $1,521.59 beginning 1.1.05 & final payment of $1,521.63 <br />on 12 -1 -09. <br />NEBRASKA - DEED OF TRUST )NOT FOR FNMA, FHLnnC, FHA OR VA USE) (page 1 of 4) <br />�- "" ©1994 Bankers Systems, Inc., St. Cloud, MN Form RE -DT -NE 1/30/2002 <br />