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TRUSTOR (Grantor): <br />TODD C ENCK <br />511 Fleetwood Circle <br />Grand Island, Nebraska 68803 <br />KELLY A ENCK <br />Husband and Wife <br />511 Fleetwood Circle <br />Grand Island, Nebraska 68803 <br />TRUSTEE: <br />PLATTE VALLEY STATE BANK & TRUST COMPANY <br />a Corporation <br />2223 Second Ave <br />PO Box 430 <br />Kearney, Nebraska 68848 -0430 <br />BENEFICIARY (Lender): <br />PLATTE VALLEY STATE BANK &TRUST COMPANY <br />Organized and existing under the laws of Nebraska <br />1461 North Webb Road <br />Grand Island, Nebraska 68803 <br />TIN: 47- 0343902 <br />1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, <br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following <br />described property: <br />Lot 1, Block 4, Summerfield Estates First Subdivision, City of Grand Island, Hall County, Nebraska <br />The property is located in Hall County at 3927 Meadow Way Trail, Grand Island, Nebraska 68803. <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, <br />all diversion payments or third party payments made to crop producers and all existing and future <br />improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the <br />real estate described (all referred to as Propertyl• This Security Instrument will remain in effect until the <br />Secured Debts and 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 $201,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained 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 or other agreement, No. 250300 -105, dated October 26, 2004, from <br />Grantor to Lender, with a loan amount of $201,000.00, with an interest rate of 4.75 percent per year and <br />maturing on October 26, 2005. One or more of the debts secured by this Security Instrument contains a <br />future advance provision. <br />B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or <br />with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a <br />commitment to make additional or future loans or advances. Any such commitment must be in writing. In <br />the event that Lender fails to provide any required notice of the right of rescission, Lender waives any <br />subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. <br />This Security Instrument will not secure any debt for which a non - possessory, non - purchase money security <br />interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by <br />federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any <br />Totltl C Enck Initials <br />Nebraska Mae! 01 Luat pale 1 <br />NE14 XX283440W725200004394018102504Y -1996 Banker. Syearna Inc., St. Cloud, MN E,15siW <br />re <br />io <br />=nzo <br />no <br />kti <br />I--i <br />� � <br />A <br />3 <br />r— n <br />o• <br />o <br />N <br />JZ <br />N <br />0 <br />Space Above This Line For Recording Data <br />DEED OF TRUST <br />(With Future Advance Clause) <br />Construction Security Agreement <br />C <br />DATE AND PARTIES, <br />The date of this Deed Of Trust (Security Instrument) is <br />October 26, 2004. <br />The parties <br />and their addresses are: <br />TRUSTOR (Grantor): <br />TODD C ENCK <br />511 Fleetwood Circle <br />Grand Island, Nebraska 68803 <br />KELLY A ENCK <br />Husband and Wife <br />511 Fleetwood Circle <br />Grand Island, Nebraska 68803 <br />TRUSTEE: <br />PLATTE VALLEY STATE BANK & TRUST COMPANY <br />a Corporation <br />2223 Second Ave <br />PO Box 430 <br />Kearney, Nebraska 68848 -0430 <br />BENEFICIARY (Lender): <br />PLATTE VALLEY STATE BANK &TRUST COMPANY <br />Organized and existing under the laws of Nebraska <br />1461 North Webb Road <br />Grand Island, Nebraska 68803 <br />TIN: 47- 0343902 <br />1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, <br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following <br />described property: <br />Lot 1, Block 4, Summerfield Estates First Subdivision, City of Grand Island, Hall County, Nebraska <br />The property is located in Hall County at 3927 Meadow Way Trail, Grand Island, Nebraska 68803. <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, <br />all diversion payments or third party payments made to crop producers and all existing and future <br />improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the <br />real estate described (all referred to as Propertyl• This Security Instrument will remain in effect until the <br />Secured Debts and 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 $201,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained 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 or other agreement, No. 250300 -105, dated October 26, 2004, from <br />Grantor to Lender, with a loan amount of $201,000.00, with an interest rate of 4.75 percent per year and <br />maturing on October 26, 2005. One or more of the debts secured by this Security Instrument contains a <br />future advance provision. <br />B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or <br />with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a <br />commitment to make additional or future loans or advances. Any such commitment must be in writing. In <br />the event that Lender fails to provide any required notice of the right of rescission, Lender waives any <br />subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. <br />This Security Instrument will not secure any debt for which a non - possessory, non - purchase money security <br />interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by <br />federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any <br />Totltl C Enck Initials <br />Nebraska Mae! 01 Luat pale 1 <br />NE14 XX283440W725200004394018102504Y -1996 Banker. Syearna Inc., St. Cloud, MN E,15siW <br />