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<br />WHEN RECORDED MAIL TO: 200508,21A
<br />State Farm Bank, F.S.B.
<br />P O Box 5961
<br />Madison, WI 57305 -0961 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST -' -s©
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<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $10,000.00.
<br />THIS DEED OF TRUST is dated July 25, 2005, among DONALD A SMITH and DIANNE K SMITH; as Husband
<br />and Wife ( "Trustor "); State Farm Bank, F.S.B., whose address is Bank Loan Center, PO Box 2328,
<br />Bloomington, IL 61702 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br />State Farm Bank, F.S.B., whose address is PO Box 419001, St. Louis, MO 63141 (referred to below as
<br />"Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State of
<br />Nebraska:
<br />THE FOLLOWING DESCRIBED REAL ESTATE (AS DEFINED IN NEB. REV. STAT. 76 -201):
<br />LOT ELEVEN (11), HOMESTEAD SECOND SUBDIVISION, HALL COUNTY, NEBRASKA.
<br />SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENT, COVENANTS, OIL, GAS OR MINERAL
<br />RIGHTS OF RECORD, IF ANY.
<br />The Real Property or its address is commonly known as 3215 N HOMESTEAD DR, GRAND ISLAND, NE
<br />68803. The Real Property tax identification number is 400187744
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness Including, without limitation, a revolving line of credit,
<br />which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Credit Agreement. Such
<br />advances may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any
<br />one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any
<br />temporary overages, other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this
<br />paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed
<br />of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in
<br />the Credit Agreement and any intermediate balance.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security
<br />interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that; (a) this Deed of Trust is executed at Borrower's request and not
<br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c)
<br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to
<br />Trustor about Borrower (including without limitation the creditworthiness of Borrower).
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