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_ t <br />ry <br />r <br />T ! ! S D <br />C= 30: <br />N <br />n n n i `= <br />z <br />z <br />o <br />= n <br />Rt rn iU„ t rjz <br />o <br />o <br />n = <br />00 <br />a, <br />N <br />S r <br />=3 <br />3 <br />Q7 <br />_.� <br />r— 2r <br />C <br />> <br />CD <br />CD <br />QJ mw <br />200206496 <br />State of Nebraska Space Above This Line For <br />Recording <br />Data <br />REAL ESTATE DEED OF TRUST <br />(With Future Advance Clause) <br />q/ 60 <br />❑ Construction Security Agreement <br />1. DATE AND PARTIES. The date of this Deed of Trust is ............. ....06.15.2002,,,,.,,,.,,,.,,,, <br />and the parties and their <br />addresses are as follows: <br />TRUSTOR: Daniel J. Wagoner and Marlene S. Wagoner, Husband and Wife as Joint Tenants <br />17562 W Husker Highway <br />Wood River, NE 68883 <br />507 -56- 2339,505.70 -7625 <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: Heritage Bank <br />110 E. 9th Street <br />Woad River, NE 68883 <br />47. 0098350 <br />BENEFICIARY: Heritage Bank ka. Y-0 <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 />SEE ATTACHED "EXHIBIT A" <br />Theproperty is located in ....................................... ............................... at ............. ............................... <br />(County) <br />....................... ............................... .......... .......... .................... I Nebraska .............. C <br />. ............... <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 LBVIIT. 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.. Q0 ...... ............................... 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 Decd of Trust, however, shall constitute a conmti[mem 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 />Heritage Bank Loan in the amount of $ 150,100, to Daniel J. Wagoner and Marlene S. Wagoner, Dated June 15, 2002 <br />NEBRASKA - AGRICULTURALlCOMMERCIAL DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) vgo 1 of <br />