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73 <br />0 <br />0 <br />rn <br />200508631 <br />Space Above This Line For Recording Data <br />DEED OF TRUST <br />za <br />CA <br />U) <br />Ca --i <br />C Tr <br />-T1 <br />r�7 <br />M <br />C01 <br />ry <br />a <br />3 <br />00 <br />C77 <br />C.J <br />r�M <br />-3/ 60 o <br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is August 31, 2005. The parties <br />and their addresses are: <br />TRUSTOR (Grantor): <br />JAMES A MARTINEZ <br />3111 Brentwood Circle <br />Grand Island, Nebraska 68801 <br />TRUSTEE: <br />PLATTE VALLEY STATE BANK & TRUST COMPANY <br />a Corporation <br />2223 Second Ave <br />PO Box 430 <br />Kearney, Nebraska 68848 -0430 <br />BENEFICIARY (Lender): <br />PLATTE VALLEY STATE BANK &TRUST COMPANY <br />Organized and existing under the laws of Nebraska <br />810 Allen Drive <br />Grand Island, Nebraska 68803 <br />TIN: 47- 0343902 <br />1. SMALL BUSINESS ADMINISTRATION. The Secured Debts secured by this lien were made under a United <br />States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business <br />owners. If the United States is seeking to enforce this Security Instrument, then under SBA regulations: <br />A. When SBA is the holder of the Note, this Security Instrument and all documents evidencing or securing <br />the Secured Debts will be construed in accordance with federal law. <br />B. Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents, <br />giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any <br />federal immunity from local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or <br />assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA <br />with respect to the Secured Debts. <br />Any clause in this Security Instrument requiring arbitration is not enforceable when SBA is the holder of the <br />Note secured by this Security Instrument. <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, <br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following <br />described property: <br />Parcel 1: Lot 8, Block 3, Spaulding and Greggs Addition to the City of Grand Island, Hall County, Nebraska <br />Parcel 2: The East 60 feet of Lot 1, Block 3, Spaulding and Greggs Addition to the City of Grand Island, Hall <br />County, Nebraska <br />The property is located in Hall County at 1304 W 2nd St/1303 W 3rd St, Grand Island, Nebraska 68801. <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, <br />all diversion payments or third party payments made to crop producers and all existing and future <br />improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the <br />real estate described (all referred to as Property). This Security Instrument will remain in effect until the <br />Secured Debts and all underlying agreements have been terminated in writing by Lender. <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one <br />time will not exceed $600,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained in this Security Instrument. <br />4. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements, A promissory note or other agreement, No. 287770 -101, dated August 31, 2005, from <br />Grantor to Lender, with a loan amount of $1,200,000.00. <br />B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security <br />Instrument. <br />James A Martinez <br />Nebraska Deed Of Trust Initials <br />NE/ 4XX283 3 30008 1 5 1 00004 5 5 80 1 6083 1 05Y 11996 Bankers Systems, Inc., $t, Cloud, MN Erb Page 1 <br />nn <br />� <br />n = <br />Z <br />Ma° <br />J <br />200508631 <br />Space Above This Line For Recording Data <br />DEED OF TRUST <br />za <br />CA <br />U) <br />Ca --i <br />C Tr <br />-T1 <br />r�7 <br />M <br />C01 <br />ry <br />a <br />3 <br />00 <br />C77 <br />C.J <br />r�M <br />-3/ 60 o <br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is August 31, 2005. The parties <br />and their addresses are: <br />TRUSTOR (Grantor): <br />JAMES A MARTINEZ <br />3111 Brentwood Circle <br />Grand Island, Nebraska 68801 <br />TRUSTEE: <br />PLATTE VALLEY STATE BANK & TRUST COMPANY <br />a Corporation <br />2223 Second Ave <br />PO Box 430 <br />Kearney, Nebraska 68848 -0430 <br />BENEFICIARY (Lender): <br />PLATTE VALLEY STATE BANK &TRUST COMPANY <br />Organized and existing under the laws of Nebraska <br />810 Allen Drive <br />Grand Island, Nebraska 68803 <br />TIN: 47- 0343902 <br />1. SMALL BUSINESS ADMINISTRATION. The Secured Debts secured by this lien were made under a United <br />States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business <br />owners. If the United States is seeking to enforce this Security Instrument, then under SBA regulations: <br />A. When SBA is the holder of the Note, this Security Instrument and all documents evidencing or securing <br />the Secured Debts will be construed in accordance with federal law. <br />B. Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents, <br />giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any <br />federal immunity from local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or <br />assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA <br />with respect to the Secured Debts. <br />Any clause in this Security Instrument requiring arbitration is not enforceable when SBA is the holder of the <br />Note secured by this Security Instrument. <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, <br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following <br />described property: <br />Parcel 1: Lot 8, Block 3, Spaulding and Greggs Addition to the City of Grand Island, Hall County, Nebraska <br />Parcel 2: The East 60 feet of Lot 1, Block 3, Spaulding and Greggs Addition to the City of Grand Island, Hall <br />County, Nebraska <br />The property is located in Hall County at 1304 W 2nd St/1303 W 3rd St, Grand Island, Nebraska 68801. <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, <br />all diversion payments or third party payments made to crop producers and all existing and future <br />improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the <br />real estate described (all referred to as Property). This Security Instrument will remain in effect until the <br />Secured Debts and all underlying agreements have been terminated in writing by Lender. <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one <br />time will not exceed $600,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained in this Security Instrument. <br />4. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements, A promissory note or other agreement, No. 287770 -101, dated August 31, 2005, from <br />Grantor to Lender, with a loan amount of $1,200,000.00. <br />B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security <br />Instrument. <br />James A Martinez <br />Nebraska Deed Of Trust Initials <br />NE/ 4XX283 3 30008 1 5 1 00004 5 5 80 1 6083 1 05Y 11996 Bankers Systems, Inc., $t, Cloud, MN Erb Page 1 <br />