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W Cr1 CO N ~"~ ~` State of Nebraska Space Above Thi® Line For Recording Data - - - DEED OF TRUST (With Future Advance Clause) IN Construction Security Agreement ❑ Master form recorded by ............................. 1. DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is ...............04-20-2005 , „, and the parties, their addresses and tax identification numbers, if required, are as follows: TRUSTOR: Tyyell S, Rust, A Single Person 102 Vine St Aldo, NE 68810 ❑ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and acknowledgments. TRUSTEE: Heritage Bank 1333 N Webb Road PO Box 5138 Grand Island, NE 68802 -5138 47- 0098350 BENEFICIARY: Heritage Bank Organized and existing under the laws of the state of Nebraska 1333 North Webb Road P.O. Box 5138 Grand Island, NE 68802.5138 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Trustor's performance under this Security Instrument, Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Beneficiary, with power of sale, the following described property: LOT EIGHT (8), BLOCK TWENTY ONE (21), ORIGINAL TOWN OF ALDA, HALL COUNTY, NEBRASKA. The property is located in .. ...........................:t I ................................ at 1.02. Vine St .................... (County) ............................. ............................... . ....................... Alda ...................... N ebraska ........ OROAQ ........ (Address) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 45, 000, 0. 0 ......... ............................... This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Beneficiary's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES, The term "Secured Debt” is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) Heritage Bank Loan in the amount of $45,000 in the name of Tryell Rust Co Signed by Thomas Atkins matures 1012012005 NEBRASKA - DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) T-f (page 1 of 4) CA M © 1994 Bankers Systems, Inc., St. Cloud, MN Form RE -DT -NE 1/30Q000 rn • • rn Z N CA = ,.. rn -n r cf7 M CD -Ti r X- CD CD CJl CZD CI-) c-n C7) co C1b v'1 TRUSTOR: Tyyell S, Rust, A Single Person 102 Vine St Aldo, NE 68810 ❑ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and acknowledgments. TRUSTEE: Heritage Bank 1333 N Webb Road PO Box 5138 Grand Island, NE 68802 -5138 47- 0098350 BENEFICIARY: Heritage Bank Organized and existing under the laws of the state of Nebraska 1333 North Webb Road P.O. Box 5138 Grand Island, NE 68802.5138 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Trustor's performance under this Security Instrument, Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Beneficiary, with power of sale, the following described property: LOT EIGHT (8), BLOCK TWENTY ONE (21), ORIGINAL TOWN OF ALDA, HALL COUNTY, NEBRASKA. The property is located in .. ...........................:t I ................................ at 1.02. Vine St .................... (County) ............................. ............................... . ....................... Alda ...................... N ebraska ........ OROAQ ........ (Address) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 45, 000, 0. 0 ......... ............................... This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Beneficiary's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES, The term "Secured Debt” is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) Heritage Bank Loan in the amount of $45,000 in the name of Tryell Rust Co Signed by Thomas Atkins matures 1012012005 NEBRASKA - DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) T-f (page 1 of 4) CA M © 1994 Bankers Systems, Inc., St. Cloud, MN Form RE -DT -NE 1/30Q000