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❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: Heritage Bank <br />1333 N. Webb Road P.O. Box 5138 <br />Grand Island, NE 68801.5138 <br />47- 0098350 <br />BENEFICIARY: Heritage Bank <br />1333 North Webb Road <br />P.O. Box 5138 <br />Grand Island, NE 68802 <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 />See attached schedule A <br />The property is located in ........,,Hall~, I „- ,- , -, -, -, at - ,,,,314 and 320 N,. Lincoln Avenue.,. <br />(County) <br />........................... ............................... Grand Island .............., Nebraska ............ 68801.......... <br />..4 ......................... . <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 $ Z5,00,00 ....... ............................... . 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 dates, etc.) <br />525,000 note of even date and all renewals or extension thereof <br />NEBRASKA - AGRICULTURALlCOMMERCIAL DEED OF TR LIST (NOT FOR FNMA, FHLNC, FHA DR VA USE, AND NOT FOR CONSUMER PURPOSESI page 1of6 <br />E� ®1993 Benkerc Systems, Inc., 50. Cbud, MN Form AO/CO -OT -NE 3B /2001 <br />J.L L• <br />m <br />o <br />� -4inn <br />tDl+ <br />r.> <br />C.) —a <br />fTl <br />O <br />ry�y xDn n <br />n <br />O <br />co <br />04J` <br />~ <br />O T <br />O <br />C= <br />Y� <br />-rl <br />'.I <br />CJl <br />N <br />a <br />� M <br />rN m <br />�+ <br />= <br />n a <br />r <br />CD <br />N <br />VJ <br />CM <br />Co <br />cc) <br />C <br />� <br />Ctl <br />vv <br />C-3 <br />rn <br />GD <br />State of Nebraska Space Above This <br />Line For Recording Data <br />'5 <br />REAL ESTATE DEED OF TRUST <br />W <br />(With Future Advance Clause) <br />❑ Construction Security Agreement <br />t� <br />1. DATE AND <br />PARTIES. The date of this Deed of Trust is .................. Q.2:Q.:2QQZ................ <br />and the parties and their <br />addresses are <br />as follows: <br />TRUSTOR: <br />Jack A. Luth and Janice A. Luth, Husband and Wife <br />314 and 320 N. Lincoln Avenue <br />Grand Island, NE 68801 <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: Heritage Bank <br />1333 N. Webb Road P.O. Box 5138 <br />Grand Island, NE 68801.5138 <br />47- 0098350 <br />BENEFICIARY: Heritage Bank <br />1333 North Webb Road <br />P.O. Box 5138 <br />Grand Island, NE 68802 <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 />See attached schedule A <br />The property is located in ........,,Hall~, I „- ,- , -, -, -, at - ,,,,314 and 320 N,. Lincoln Avenue.,. <br />(County) <br />........................... ............................... Grand Island .............., Nebraska ............ 68801.......... <br />..4 ......................... . <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 $ Z5,00,00 ....... ............................... . 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 dates, etc.) <br />525,000 note of even date and all renewals or extension thereof <br />NEBRASKA - AGRICULTURALlCOMMERCIAL DEED OF TR LIST (NOT FOR FNMA, FHLNC, FHA DR VA USE, AND NOT FOR CONSUMER PURPOSESI page 1of6 <br />E� ®1993 Benkerc Systems, Inc., 50. Cbud, MN Form AO/CO -OT -NE 3B /2001 <br />J.L L• <br />