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1. <br />M <br />M <br />c <br />Z <br />N- <br />m <br />rAn�v>t <br />3: <br />m � <br />01 , ... <br />CD - <br />rQ <br />N <br />N <br />1. <br />Slate of Nebraska Space Above This Line For Recording Data � <br />DEED OF TRUST <br />(With Future Advance Clause) <br />❑ Construction Security Agreement <br />❑ Master form recorded by ............................. <br />DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is ................. 07; 06.2005.. . . . _ _ ... . . . . . . <br />and the parties, their addresses and tax identification numbers, if required, are as follows: <br />TRUSTOR: <br />S & W LAND AND INVESTMENTS, INC., A Wyoming Corporation <br />747 N HASTINGS AVE <br />HASTINGS, NE 88901 <br />83. 0334406 <br />❑ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and <br />acknowledgments. <br />TRUSTEE: Heritage Bank <br />800 West 3rd <br />Hastings, NE 68901 <br />47. 0098350 <br />BENEFICIARY: Heritage Bank <br />Organized and existing under the laws of the state of Nebraska <br />800 W 3rd Street <br />P.O. Box 349 Hastings, NE 68901 <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 (defined below) and Trustor's performance under this Security Instrument, Trustor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Beneficiary, with power of sale, the following described <br />property: THE SOUTHERLY TWENTY -FIVE (25) FEET OF THE WESTERLY TEN (10) FEET OF LOT SEVENTY -ONE (7l) AND THE WESTERLY TEN <br />(10) FEET OF LOT SEVENTY -TWO (72), IN BUENAVISTA SUBDIVISION, AND ALL OF LOT SIXTY -SIX (66), BUENAVISTA SUBDIVISION, ALL IN THE <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The property is located in ............................... HALL. ............................... at 440 E SOUTH ST <br />.............................. <br />(County) <br />............................ ............................... . .................. GR A U . R ........... Nebraska ........6 .. ........ <br />(Address) (City) (ZIP Cade) <br />Together with all rights, casements, appurtenances, roya!ties, mineral rights, oil and gas rights, all water and riparian <br />rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may <br />now, or at any time in the future, be part of the real estate described above (all referred to as "Property "). <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall <br />not. exceed $ 050A ;00 . . . .... . .. . . . . . . . . . . . . . . . . . . .. . ... . . . . . . 'This limitation of amount does not include interest and other fees <br />and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under <br />the terms of this Security Instrument to protect Beneficiary's security and to perform any of the covenants contained in this <br />Security Instrument. <br />4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: <br />A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described <br />below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is <br />suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) <br />NEBRASKA - DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) �� (page 1 of 4) <br />erEo - ._,... <br />�" ©1994 Bankers Systems, Inc., St. Cloud, MN Form RE 7/30!2002 <br />rn <br />rAn�v>t <br />Cn <br />�► <br />N <br />rn <br />a <br />r' <br />cn <br />C7 Cy <br />t� t <br />r— rr <br />►� <br />� <br />N <br />Slate of Nebraska Space Above This Line For Recording Data � <br />DEED OF TRUST <br />(With Future Advance Clause) <br />❑ Construction Security Agreement <br />❑ Master form recorded by ............................. <br />DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is ................. 07; 06.2005.. . . . _ _ ... . . . . . . <br />and the parties, their addresses and tax identification numbers, if required, are as follows: <br />TRUSTOR: <br />S & W LAND AND INVESTMENTS, INC., A Wyoming Corporation <br />747 N HASTINGS AVE <br />HASTINGS, NE 88901 <br />83. 0334406 <br />❑ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and <br />acknowledgments. <br />TRUSTEE: Heritage Bank <br />800 West 3rd <br />Hastings, NE 68901 <br />47. 0098350 <br />BENEFICIARY: Heritage Bank <br />Organized and existing under the laws of the state of Nebraska <br />800 W 3rd Street <br />P.O. Box 349 Hastings, NE 68901 <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 (defined below) and Trustor's performance under this Security Instrument, Trustor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Beneficiary, with power of sale, the following described <br />property: THE SOUTHERLY TWENTY -FIVE (25) FEET OF THE WESTERLY TEN (10) FEET OF LOT SEVENTY -ONE (7l) AND THE WESTERLY TEN <br />(10) FEET OF LOT SEVENTY -TWO (72), IN BUENAVISTA SUBDIVISION, AND ALL OF LOT SIXTY -SIX (66), BUENAVISTA SUBDIVISION, ALL IN THE <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The property is located in ............................... HALL. ............................... at 440 E SOUTH ST <br />.............................. <br />(County) <br />............................ ............................... . .................. GR A U . R ........... Nebraska ........6 .. ........ <br />(Address) (City) (ZIP Cade) <br />Together with all rights, casements, appurtenances, roya!ties, mineral rights, oil and gas rights, all water and riparian <br />rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may <br />now, or at any time in the future, be part of the real estate described above (all referred to as "Property "). <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall <br />not. exceed $ 050A ;00 . . . .... . .. . . . . . . . . . . . . . . . . . . .. . ... . . . . . . 'This limitation of amount does not include interest and other fees <br />and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under <br />the terms of this Security Instrument to protect Beneficiary's security and to perform any of the covenants contained in this <br />Security Instrument. <br />4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: <br />A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described <br />below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is <br />suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) <br />NEBRASKA - DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) �� (page 1 of 4) <br />erEo - ._,... <br />�" ©1994 Bankers Systems, Inc., St. Cloud, MN Form RE 7/30!2002 <br />