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TRUSTOR: MERRILL J. WISSING <br />4218 S 190TH RD <br />SHELTON,NE 68876 -9713 <br />505.82.7185 <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: <br />BENEFICIARY: Heritage Bank <br />Organized and existing under the laws of the state of Nebraska <br />110 East 9th Street <br />P.O. Box 487 Wood River, NE 68883 <br />47- 0098350 <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to <br />secure the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the <br />benefit of the Beneficiary, with power of sale, the following described property: <br />NW114 14.9N -12W, HALL COUNTY, NEBRASKA <br />Theproperty is located in ....................................... ............................... at ............. ............................... <br />(County) <br />........................... ............................... ............... ..............................I Nebraska . ............................... <br />(Address) (City) (ZIP Code) <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all <br />diversion payments or third party payments made to crop producers, and all existing and future improvements, structures, <br />fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all <br />referred to as "Property "). The term Property also includes, but is not limited to, any and all water wells, water, ditches, <br />reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, <br />however established. <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this <br />Deed of Trust at any one time shall not exceed $ 175, 000;00,,,,,,. This limitation of amount does <br />not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly <br />made pursuant to this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the <br />terms of this Deed of Trust to protect Beneficiary security and to perform any of the covenants contained in this Deed of <br />Trust. Future advances are contemplated and, along with other future obligations, are secured by this Deed of Trust even <br />though all or part may not yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to <br />make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate <br />writing. <br />4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following: <br />A. The promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all extensions, <br />renewals, modifications or substitutions (Evidence of Debt). (When referencing the debts below it is suggested that <br />you include items such as borrowers' names, note amounts, interest rates, maturity dares, etc.) <br />NEBRASKA - AGRICULTURALICOMMERCIAL DEED OF TRUST (NOT FOR FNMA, FInMC, FHA OR VA USE, ANO NOT FOR CONSUMER PURPOSES) page 1 of 6 <br />E , � FU 1993 Bankers Systems. Inc., St. Cloud, MN Form AG/CO-DT-NE 31812001 <br />p r) n <br />FT <br />1 <br />C m CA <br />c <br />cn cn <br />o <br />( <br />S(A p R <br />�L <br />N <br />O i <br />z <br />N <br />`V <br />= <br />0 <br />1 M. <br />o C2. <br />O <br />C� <br />N <br />O �t <br />y <br />-73 <br />3> (~ <br />O to <br />ri <br />(� <br />—j <br />� <br />O <br />• y <br />State of Nebraska Space Above This <br />Line For <br />Recording Data <br />REAL ESTATE DEED OF TRUST <br />(With Future Advance Clause) <br />❑ Construction Security Agreement <br />On <br />1. DATE AND PARTIES. The date of this Deed of Trust is .....................02-21-2002 <br />J <br />and the parties and their c <br />addresses are as follows: <br />TRUSTOR: MERRILL J. WISSING <br />4218 S 190TH RD <br />SHELTON,NE 68876 -9713 <br />505.82.7185 <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: <br />BENEFICIARY: Heritage Bank <br />Organized and existing under the laws of the state of Nebraska <br />110 East 9th Street <br />P.O. Box 487 Wood River, NE 68883 <br />47- 0098350 <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to <br />secure the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the <br />benefit of the Beneficiary, with power of sale, the following described property: <br />NW114 14.9N -12W, HALL COUNTY, NEBRASKA <br />Theproperty is located in ....................................... ............................... at ............. ............................... <br />(County) <br />........................... ............................... ............... ..............................I Nebraska . ............................... <br />(Address) (City) (ZIP Code) <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all <br />diversion payments or third party payments made to crop producers, and all existing and future improvements, structures, <br />fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all <br />referred to as "Property "). The term Property also includes, but is not limited to, any and all water wells, water, ditches, <br />reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, <br />however established. <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this <br />Deed of Trust at any one time shall not exceed $ 175, 000;00,,,,,,. This limitation of amount does <br />not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly <br />made pursuant to this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the <br />terms of this Deed of Trust to protect Beneficiary security and to perform any of the covenants contained in this Deed of <br />Trust. Future advances are contemplated and, along with other future obligations, are secured by this Deed of Trust even <br />though all or part may not yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to <br />make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate <br />writing. <br />4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following: <br />A. The promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all extensions, <br />renewals, modifications or substitutions (Evidence of Debt). (When referencing the debts below it is suggested that <br />you include items such as borrowers' names, note amounts, interest rates, maturity dares, etc.) <br />NEBRASKA - AGRICULTURALICOMMERCIAL DEED OF TRUST (NOT FOR FNMA, FInMC, FHA OR VA USE, ANO NOT FOR CONSUMER PURPOSES) page 1 of 6 <br />E , � FU 1993 Bankers Systems. Inc., St. Cloud, MN Form AG/CO-DT-NE 31812001 <br />