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<br />State of Nebraska Space Above This Line For Recording Data
<br />REAL ESTATE DEED OF TRUST
<br />(With Future Advance Clause) Loan No. 0150233296
<br />Construction Security Agreement
<br />❑ Master form recorded by
<br />1. DATE AND PARTIES. The date of this Deed of Trust is Jul 01, -- 2005 - - -- ......... and the parties and their addresses
<br />are as follows: ENCINGER PROPERTIES II, L.L.C., A NEBRASKA LIMITED LIABILITY COMPANY
<br />TRUSTOR:
<br />508 WEST OLD MILITARY ROAD
<br />WOOD RIVER, NE 68883
<br />= Refer to the Addendum which is attached and incorporated herein for additional Trustors.
<br />TRUSTEE: TierOne Bank
<br />1235 'N' St / P.O. Box 83009
<br />Lincoln, NE 68501
<br />BENEFICIARY: TierOne Bank
<br />1235 'N' St / PO Box 83009 LINCOLN, NE 68501
<br />Organized and Existing Under the Laws of the United States of America
<br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure
<br />the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of the
<br />Beneficiary, with power of sale, the following described property:
<br />LOT ONE (1), RICHMOND THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The property is located in _________ __________Ha11_____---- ___ - - -- ----------- at 505 - NORTH -DIER$ AVENUE............ .
<br />(County)
<br />-------------- - - - - -- -GRAND ISLAND ------------- - - - - -- • Nebraska
<br />(Address) (City) (ZIP Code)
<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion
<br />payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures,
<br />and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as
<br />"Property "). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs,
<br />reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however
<br />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 $ 150,00 - 0 .- 00---- - - - - -- - - -- - This limitation of amount does not include
<br />interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to
<br />this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the terms of this Deed
<br />of Trust to protect Beneficiary security and to perform any of the covenants contained in this Decd of Trust. Future advances
<br />are contemplated and, along with other future obligations, are secured by this Deed of Trust even though all or part may not
<br />yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to make additional or future loans
<br />or advances in any amount. Any such commitment would need to be agreed to in a separate writing.
<br />4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following:
<br />A. The promissory notc(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 />A Promissory Note dated 07/01/2005 in the original principal suns of $150,000.00
<br />NEBRASKA - AGRICULTURALICOMMERCIALDEED OF TRUST (NOT FOR FNMA, FHLMC, FHA ORVAUSE AND NOT FOR CONSUMER PURPOSES) page Iof6
<br />M(]1993 Bankers Systems, Inc., St. Cloud, MN Form AG/CO -DT -NE 1/30/2002 -
<br />- -C164(NE) (0307) VMP Mortgage Solutions (800)521 -7291
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