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<br />TRUST DEED
<br />WITH FUTURE ADVANCE CLAUSE
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<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.
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