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70 t1 r <br />M x D <br />n m cr. <br />X D v 21 <br />�I' M (A ?. <br />�\ Y <br />M. <br />kA <br />Gj <br />TRUST DEED <br />WITH FUTURE ADVANCE CLAUSE <br />CD �? <br />m <br />U3 "� O <br />�] O <br />r✓ � <br />D <br />Cil <br />N <br />O Co <br />CD :VP <br />N co) <br />O <br />s � <br />ca Co <br />cl'1 t Q r` <br />This Trust Deed is executed on the date shown on the last page, among the "Trustor", SCOTT A. MOSS AND TRACY A. MOSS, A HUSBAN D AND -- <br />WIFE, whose address is 16562 WEST OLD MILITARY ROAD, WOOD RIVER, NEBRASKA 68883, and hereinafter called the "Borrower" (whether one or more) <br />and THE FULLERTON NATIONAL BANK the "Trustee ", whose address is Box 400, FULLERTON, NEBRASKA 68638, and the Beneficiary, Fullerton National <br />Bank, whose address is Box 400, Fullerton, Nebraska, 68638, hereinafter called the "Lender'. O <br />WHEREAS, the Borrower is indebted to Lender in the principal sum of — EIGHTY FIVE THOUSAND AND 00 /100 DOLLARS — ($85,000.00) for money loaned, <br />for which amount the Borrower has on various dates executed and delivered a Promissory Note or Notes, payable to the Lender, together with interest at the rate as <br />shown on the note or notes. This Trust Deed in favor of Lender and all extensions, modifications and renewals thereof or advances made subsequent to the date of <br />this Trust Deed and secured by this Trust Deed shall be secured by this Trust Deed and shall be referred to in this instrument as the "Note ". <br />WHEREAS, the Lender desires to secure timely payment of the Note and full performance of the covenants, conditions and terms contained in this <br />instrument and any other documents related thereto. <br />NOW, THEREFORE, under this Trust Deed, the Borrower does in consideration of (1) existing debts or obligations created simultaneously with the <br />execution of this Trust Deed, (2) future advances necessary to protect the security transferred hereunder, (3) any future advances to be made at the option of the <br />parties and /or (4) the performance of any obligation of any other person named in Paragraph 21 of this Trust Deed to the lender (Beneficiary), hereby grant and <br />convey unto the Trustee, its successors and assigns, in trust, with Power of Sale, for the benefit and security of the Lender (Beneficiary) under and subject to the <br />terms and conditions of this Trust Deed, the following described property, located in HALL County, Nebraska, to wit: <br />SEE ATTACHMENT "A" <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances located thereon or in any <br />way pertaining thereto, and the rents, issues, profits, reversions and remainders thereof, including all such personal property that is attached to the improvements so <br />as to constitute a fixture, all of which, including replacements and additions thereto, are hereby declared to be a part of the real estate conveyed in trust hereby, it <br />being agreed that all of the foregoing shall be hereinafter referred to as the "Property'. <br />1. Title. Borrower covenants that Borrower is lawfully seized of fee simple title to the property, free from encumbrances. <br />2. Warran . Borrower will have the right and power to convey absolute title in fee simple and will warrant and defend the title to the property against all <br />claims whatsoever except as mentioned. <br />3. Performance of Obligations. Upon the full payment of all indebtedness or full performance of all obligation secured bythis Trust Deed and the payment <br />of all charges and expenses incurred by the Trustee, the Trustee shall release and reconvey the real property, at Borrower's costs, to the Borrower, or to any party <br />then claiming through the Borrower. <br />4. Payment and Performance. All loans and other sums or obligations secured by this instrument will be paid when due and the terms and conditions of <br />this instrument and other instruments related to the indebtedness or obligation secured by this Trust Deed will be performed in accordance with the terms of the <br />instrument. This Trust Deed has been granted for the purpose of securing the indebtedness and obligations evidenced by the Note including any additional sums, <br />with interest thereon, as may be hereafter borrowed from the Lender by the Borrower, as evidenced by subsequent promissory notes, of either or both of the Trustors <br />or the person named in this Trust Deed whose performance is secured by this Trust Deed, all of which will be secured by this Trust Deed, unless otherwise <br />specified. However, in no event, shall the total amount secured hereby exceed twice the principal amount stated herein, or $170,000.00 whichever is greater. <br />5. Taxes and Insurance. Borrower will pay, before delinquency, all taxes and assessments that may become liens against the real property. Borrower <br />further agrees to keep the property insured against loss, damage or fire with extended coverage to the amount of the full insurable value on a replacement cost basis <br />(or less in the discretion of the Lender) with a Nebraska licensed insurance company. The policy shall have such endorsements to provide that loss of such <br />insurance shall be payable to Lender. The Lender may require a policy evidencing this insurance and receipt for the payments of the premiums. The policy shall <br />contain a provision requiring 30 days or more notice to Lender prior to cancellation or modification. Borrower shall give Lender evidence of renewal of the policywith <br />premiums paid, 30 days or more before expiration. Borrower will not permit any condition to exist on the real property which would invalidate any insurance thereon. <br />Lender shall not by the fact of approving, disapproving, accepting, preventing, obtaining or failing to obtain any such insurance, incur any liability for the form or legal <br />sufficiency of insurance contracts, solvency of insurers, or payment of losses and Borrower hereby expressly assumes full responsibility therefore and any liability, if <br />any, hereunder. <br />