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125 W 4TH STREET
<br />GRAND ISLAND, NE 68801
<br />= Refer to the Addendum which is attached and incorporated herein for additional Trustors.
<br />TRUSTEE: TierOne Bank
<br />1235 'N' St / P.O. Box 83009
<br />Lincoln, NE 68501
<br />BENEFICIARY: TierOne Bank
<br />1235 'N' St / PO Box 83009 Lincoln, NE 68501
<br />Organized and Existing Under the Laws of the United States of America
<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 />SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTIONS
<br />The property is located in Hall________ _______________ _____ at
<br />(County)
<br />' GRAND -- =sLAxD---------- - - - - -- Nebraska
<br />--------------------------
<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 darns located on the real estate and all riparian and water rights associated with the Property, however
<br />established.
<br />3. MAXRVIUM OBLIGATION LBM. The total principal amount of the Secured Debt (hereafter defined) secured by this
<br />Deed of Trust at any one time shall not exceed $ 1001000._00----------------- _ 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 perform 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.)
<br />A Promissory Note dated 10/12/2004
<br />NEEBRA�SKA,I- AGRICULTURAL/COMMERCUIL DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) page 1 0(6
<br />iEX15er a Q) 1993 Bankers Systems, Inc., St. Cloud, MN Form AG /CO -DT -NE 1/30/2002
<br />=- C164(NE) (0307) VMP Mortgage Solutions (800)521-7291
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<br />State of Nebraska Space Above This Line For Recording Data
<br />REAL ESTATE DEED OF TRUST
<br />(with Future Advance Clause)
<br />Loan No. 0150222131
<br />0 Construction Security Agreement
<br />�cr
<br />0 Master form recorded by
<br />1. DATE AND PARTIES. The date of this Deed of Trust is Oct _ 12,_ 2004
<br />and the parties and
<br />their addresses
<br />are as follows: CLARK A GAUTHIER, A SINGLE PERSON
<br />TRUSTOR: 1
<br />125 W 4TH STREET
<br />GRAND ISLAND, NE 68801
<br />= Refer to the Addendum which is attached and incorporated herein for additional Trustors.
<br />TRUSTEE: TierOne Bank
<br />1235 'N' St / P.O. Box 83009
<br />Lincoln, NE 68501
<br />BENEFICIARY: TierOne Bank
<br />1235 'N' St / PO Box 83009 Lincoln, NE 68501
<br />Organized and Existing Under the Laws of the United States of America
<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 />SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTIONS
<br />The property is located in Hall________ _______________ _____ at
<br />(County)
<br />' GRAND -- =sLAxD---------- - - - - -- Nebraska
<br />--------------------------
<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 darns located on the real estate and all riparian and water rights associated with the Property, however
<br />established.
<br />3. MAXRVIUM OBLIGATION LBM. The total principal amount of the Secured Debt (hereafter defined) secured by this
<br />Deed of Trust at any one time shall not exceed $ 1001000._00----------------- _ 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 perform 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.)
<br />A Promissory Note dated 10/12/2004
<br />NEEBRA�SKA,I- AGRICULTURAL/COMMERCUIL DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) page 1 0(6
<br />iEX15er a Q) 1993 Bankers Systems, Inc., St. Cloud, MN Form AG /CO -DT -NE 1/30/2002
<br />=- C164(NE) (0307) VMP Mortgage Solutions (800)521-7291
<br />
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