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PARTIES: This Deed of Trust is made on 12/01/2004 among, the Grantor, JAMES B WAGNER and, A SINGLE PERSON ( "Borrower "), c:�> AREND R BAACK, ATTORNEY, whose residence address is P. O. Box 790, Grand Island, Hall County, Nebraska ( "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, a corporation organized and existing under the laws of NEBRASKA whose address is 221 SOUTH LOCUST STREET, GRAND ISLAND, NEBRASKA 68801 ( "Lender "). CONVEYANCE: For value received, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the real property, of which Borrower is lawfully seized, described below and all buildings, fixtures, and existing and future improvements thereon and all rights -of- way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and any appurtenances thereunto belonging (all called the "property "). PROPERTY ADDRESS: 4340 KAY AVE, Grand Island, Nebraska 68803 LEGAL DESCRIPTION: LOT TEN (10), BLOCK THREE (3). IN LEHEIGHTS SECOND SUBDIVISION IN HALL COUNTY, NEBRASKA. Located in Hall County, Nebraska. TITLE: Borrower convenants and warrants title to the property, except for SECURED DEBT: This deed of trust secures to Lender repayment of the secured debt and the performance of the convenants and agreements 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 Borrower owes to Lender under this deed of trust or under any instrument secured by this deed of trust, and all modifications, extensions and renewals thereof. The secured debt is evidenced by (List all instruments and agreements secured by this deed of trust and the dates thereof.): IN A PROMISSORY NOTE AND SECURITY AGREEMENT DATED 12/01/2004 Future advances: The above amount is secured even though all or part of it may not yet be advanced. Future advances are contemplated and will be secured to the same extent as if made on the date of this deed of trust is executed. ❑ Revolving line of credit agreement dated , with initial annual interest rate of % All amounts owed under this agreement are secured even though all amounts may not yet be advanced. Future advances under the agreement are contemplated and will be secured to the same extent as if made on the date this deed of trust is executed. The above obligation is due and payable on December 03, 2007 if not paid earlier. The total unpaid balance secured by this deed of trust at any one time shall not exceed a maximum principal amount of $25,073.50, plus 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 covenants contained in this deed of trust, with interest on such disbursements. ❑ Variable Rate: The interest rate on the obligation secured by this deed of trust may vary according to the terms of that obligation. ❑ A copy of the loan agreement containing the terms under which the interest rate may vary is attached to this deed of trust and made a part hereof. RIDERS: ASSIGNMENT OF RENTS DESIGNATION OF HOMESTEAD Pursuant to the Farm Homestead Protection Act, designation of homestead iattached to this deed of trust and made a part hereof has ❑ been disclaimed; the disclaimer is attached to this deed of trust and made a part hereof. SIGNATURES: By signing below, Borrower agree to the terms and convenants contained in this deed of trust, including those on page 2, and in any iders described above signed by Borrower. AMES B WAGNER ACKNOWLEDGMENT: STATE OF NEBRASKA, HALL COUNTY SS: The foregoing instrument was acknowledged before me on 12/01/2004 By JAMES B WAGNER and, A SINGLE PERSON My commission expires: 2r. .�F, 1 (Notary Public) X ERAL NOTARY - State of Nebraska TRACI A RAKER My Comm. Eq. July 11, 2005 rn cn' s o ---4 o � C 3> ("t C r- -1 ,..i. �= I *t C) n t.:: O M1 O O -n O P> ,-T- - C� n (Z-7 z _C a 13 r � � r n H—► rtf-r t- cr) CO C co W (D Q3 u' ry DEED OF TRUST Z Q PARTIES: This Deed of Trust is made on 12/01/2004 among, the Grantor, JAMES B WAGNER and, A SINGLE PERSON ( "Borrower "), c:�> AREND R BAACK, ATTORNEY, whose residence address is P. O. Box 790, Grand Island, Hall County, Nebraska ( "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, a corporation organized and existing under the laws of NEBRASKA whose address is 221 SOUTH LOCUST STREET, GRAND ISLAND, NEBRASKA 68801 ( "Lender "). CONVEYANCE: For value received, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the real property, of which Borrower is lawfully seized, described below and all buildings, fixtures, and existing and future improvements thereon and all rights -of- way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and any appurtenances thereunto belonging (all called the "property "). PROPERTY ADDRESS: 4340 KAY AVE, Grand Island, Nebraska 68803 LEGAL DESCRIPTION: LOT TEN (10), BLOCK THREE (3). IN LEHEIGHTS SECOND SUBDIVISION IN HALL COUNTY, NEBRASKA. Located in Hall County, Nebraska. TITLE: Borrower convenants and warrants title to the property, except for SECURED DEBT: This deed of trust secures to Lender repayment of the secured debt and the performance of the convenants and agreements 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 Borrower owes to Lender under this deed of trust or under any instrument secured by this deed of trust, and all modifications, extensions and renewals thereof. The secured debt is evidenced by (List all instruments and agreements secured by this deed of trust and the dates thereof.): IN A PROMISSORY NOTE AND SECURITY AGREEMENT DATED 12/01/2004 Future advances: The above amount is secured even though all or part of it may not yet be advanced. Future advances are contemplated and will be secured to the same extent as if made on the date of this deed of trust is executed. ❑ Revolving line of credit agreement dated , with initial annual interest rate of % All amounts owed under this agreement are secured even though all amounts may not yet be advanced. Future advances under the agreement are contemplated and will be secured to the same extent as if made on the date this deed of trust is executed. The above obligation is due and payable on December 03, 2007 if not paid earlier. The total unpaid balance secured by this deed of trust at any one time shall not exceed a maximum principal amount of $25,073.50, plus 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 covenants contained in this deed of trust, with interest on such disbursements. ❑ Variable Rate: The interest rate on the obligation secured by this deed of trust may vary according to the terms of that obligation. ❑ A copy of the loan agreement containing the terms under which the interest rate may vary is attached to this deed of trust and made a part hereof. RIDERS: ASSIGNMENT OF RENTS DESIGNATION OF HOMESTEAD Pursuant to the Farm Homestead Protection Act, designation of homestead iattached to this deed of trust and made a part hereof has ❑ been disclaimed; the disclaimer is attached to this deed of trust and made a part hereof. SIGNATURES: By signing below, Borrower agree to the terms and convenants contained in this deed of trust, including those on page 2, and in any iders described above signed by Borrower. AMES B WAGNER ACKNOWLEDGMENT: STATE OF NEBRASKA, HALL COUNTY SS: The foregoing instrument was acknowledged before me on 12/01/2004 By JAMES B WAGNER and, A SINGLE PERSON My commission expires: 2r. .�F, 1 (Notary Public) X ERAL NOTARY - State of Nebraska TRACI A RAKER My Comm. Eq. July 11, 2005