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DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is May 19, 2003. The parties and <br />their addresses are: <br />TRUSTOR (Grantor): <br />ROLAND E WESTERBY <br />Spouse of Janice K Westerby <br />As a Joint Tenant with the Right of Survivorship <br />218 Ponderosa Dr <br />Grand Island, Nebraska 68803 <br />JANIS K WESTERBY <br />Spouse of Roland E Westerby <br />As a Joint Tenant with the Right of Survivorship <br />218 Ponderosa Dr <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 />1451 North Webb Road <br />Grand Island, Nebraska 68803 <br />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 Three (3), Woodland First Subdivision to the City of Grand Island, Hall County, Nebraska, excepting a <br />certain tract more particularly described in Deed recorded as Document No. 200100342 <br />The property is located in Hall County at 3012 S Locust St, Grand Island, Nebraska 68801. <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 Property). 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 $200,000.00. 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, No. 249803 -100, dated May 19, 2003, from Westerby's Inc (Borrower) <br />to Lender, with a loan amount of $200,000.00. <br />B. All Debts. All present and future debts from Westerby's Inc to Lender, even if this Security Instrument is <br />not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more <br />than one person signs this Security Instrument, each agrees that it will secure debts incurred either <br />individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument <br />constitutes a commitment to make additional or future loans or advances. Any such commitment must be in <br />writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives <br />any subsequent security interest in the Grantor's principal dwelling that is created by this Security <br />Instrument. This Security Instrument will not secure any debt for which a non - possessory, non - purchase <br />money security interest is created in "household goods" in connection with a "consumer loan," as those <br />terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument <br />Westerby's Inc <br />Initials <br />Nebraska Deed Of Trust <br />NE1 4XX28333000623900003872014051903Y ®1996 Bankers Systems, Inc., St. Cloud, MN Ex�er�" Page 1 <br />Z D <br />rn z <br />Z <br />rca' <br />o` <br />o <br />I'r1 <br />H <br />C <br />n <br />CA <br />:3 <br />z <br />•"' <br />�. <br />O <br />U� <br />6� <br />k <br />o -• <br />T� <br />W <br />N <br />od <br />(� <br />vl <br />rn ` <br />m C <br />in <br />3 <br />r =v <br />C <br />o <br />N <br />a <br />Cn <br />c., <br />0 <br />306604 <br />s <br />Cn <br />-� <br />�. <br />Z <br />Space Above This Line For Recording Data <br />DEED OF TRUST <br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is May 19, 2003. The parties and <br />their addresses are: <br />TRUSTOR (Grantor): <br />ROLAND E WESTERBY <br />Spouse of Janice K Westerby <br />As a Joint Tenant with the Right of Survivorship <br />218 Ponderosa Dr <br />Grand Island, Nebraska 68803 <br />JANIS K WESTERBY <br />Spouse of Roland E Westerby <br />As a Joint Tenant with the Right of Survivorship <br />218 Ponderosa Dr <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 />1451 North Webb Road <br />Grand Island, Nebraska 68803 <br />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 Three (3), Woodland First Subdivision to the City of Grand Island, Hall County, Nebraska, excepting a <br />certain tract more particularly described in Deed recorded as Document No. 200100342 <br />The property is located in Hall County at 3012 S Locust St, Grand Island, Nebraska 68801. <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 Property). 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 $200,000.00. 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, No. 249803 -100, dated May 19, 2003, from Westerby's Inc (Borrower) <br />to Lender, with a loan amount of $200,000.00. <br />B. All Debts. All present and future debts from Westerby's Inc to Lender, even if this Security Instrument is <br />not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more <br />than one person signs this Security Instrument, each agrees that it will secure debts incurred either <br />individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument <br />constitutes a commitment to make additional or future loans or advances. Any such commitment must be in <br />writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives <br />any subsequent security interest in the Grantor's principal dwelling that is created by this Security <br />Instrument. This Security Instrument will not secure any debt for which a non - possessory, non - purchase <br />money security interest is created in "household goods" in connection with a "consumer loan," as those <br />terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument <br />Westerby's Inc <br />Initials <br />Nebraska Deed Of Trust <br />NE1 4XX28333000623900003872014051903Y ®1996 Bankers Systems, Inc., St. Cloud, MN Ex�er�" Page 1 <br />