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DEED OF TRUST WITH FUTURE ADVANCES <br />Z°, -5-43 <br />THIS DEED OF TRUST, is made as of the 21st day of July 2003 by and <br />among the Trustor, Beverley Edens and Lee Ray Edens, as husband and wife <br />whose mailing address is 2630 Road 27 Harrisburg, NE 69345 <br />(herein "Trustor," whether one or more), the Trustee, Platte Valley National Bank <br />whose mailing address is 1212 Circle Drive Scottsbluff, NE 69361 -2308 <br />(herein "Trustee "), and the Beneficiary, Platte Valley National Bank <br />whose mailing address is 1212 Circle Drive Scottsbluff, NE 69361 -2308 <br />(herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Beverley Edens and Lee <br />Ray Edens as husband and wife <br />(herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby <br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of <br />Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows: <br />Lot Five (5) in Block Three (3), Replat of Riverside Acres, as Addition to the City of Grand Island, Hall County, <br />Nebraska <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto. and the rents, issues and profits. reversions and remainders thereof, <br />and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating <br />and cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; <br />all of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of <br />this Deed of Trust and all of the foregoing being referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit <br />agreement dated July 21, 2003 , and any and all modifications, extensions and renewals thereof or thereto and <br />any and all future advances and readvances to Borrower (or any of them if more than one) pursuant to one or more promissory <br />notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the <br />Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness <br />and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and <br />whether arising by note, guaranty, overdraft or otherwise; provided, however, that the total principal amount secured by this Deed <br />of Trust at any one time shall not exceed $ 210,000.00 . This limitation of amount does not include interest and sums <br />advanced to protect the security of this Deed of Trust. The Note, this Deed of Trust and any and all other documents that secure the <br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and assignments <br />of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />Trustor covenants and agrees with Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien <br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and <br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate <br />any contract or other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", <br />and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an <br />additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, <br />collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any <br />indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration <br />of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the <br />full amount secured hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or <br />postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. <br />7497.CV (1/02) SBPVB10346340927 Page I of <br />GOTO(00082307) <br />M <br />= D <br />� <br />c-> cn <br />C <br />r) = �. <br />`-' <br />c --4 <br />° <br />z <br />' a`. <br />a —, <br />ry <br />�- <br />n <br />0 <br />cn <br />4_ <br />G--) <br />-< <br />o <br />M <br />D <br />c - <br />` <br />o <br />cv <br />CL <br />cn <br />c3 �- <br />o <br />o <br />-n <br />/ <br />—,3 <br />PLAT TE VALLEY NAIL MTV CO <br />d <br />-a <br />1212 CIRCLE DR <br />cn <br />O <br />PO BOX 2306 <br />ca <br />W <br />SCOTTSBLUFF NE 69361 <br />o <br />204310301 <br />CD <br />=$ <br />z <br />0 <br />DEED OF TRUST WITH FUTURE ADVANCES <br />Z°, -5-43 <br />THIS DEED OF TRUST, is made as of the 21st day of July 2003 by and <br />among the Trustor, Beverley Edens and Lee Ray Edens, as husband and wife <br />whose mailing address is 2630 Road 27 Harrisburg, NE 69345 <br />(herein "Trustor," whether one or more), the Trustee, Platte Valley National Bank <br />whose mailing address is 1212 Circle Drive Scottsbluff, NE 69361 -2308 <br />(herein "Trustee "), and the Beneficiary, Platte Valley National Bank <br />whose mailing address is 1212 Circle Drive Scottsbluff, NE 69361 -2308 <br />(herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Beverley Edens and Lee <br />Ray Edens as husband and wife <br />(herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby <br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of <br />Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows: <br />Lot Five (5) in Block Three (3), Replat of Riverside Acres, as Addition to the City of Grand Island, Hall County, <br />Nebraska <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto. and the rents, issues and profits. reversions and remainders thereof, <br />and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating <br />and cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; <br />all of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of <br />this Deed of Trust and all of the foregoing being referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit <br />agreement dated July 21, 2003 , and any and all modifications, extensions and renewals thereof or thereto and <br />any and all future advances and readvances to Borrower (or any of them if more than one) pursuant to one or more promissory <br />notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the <br />Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness <br />and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and <br />whether arising by note, guaranty, overdraft or otherwise; provided, however, that the total principal amount secured by this Deed <br />of Trust at any one time shall not exceed $ 210,000.00 . This limitation of amount does not include interest and sums <br />advanced to protect the security of this Deed of Trust. The Note, this Deed of Trust and any and all other documents that secure the <br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and assignments <br />of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />Trustor covenants and agrees with Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien <br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and <br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate <br />any contract or other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", <br />and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an <br />additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, <br />collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any <br />indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration <br />of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the <br />full amount secured hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or <br />postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. <br />7497.CV (1/02) SBPVB10346340927 Page I of <br />GOTO(00082307) <br />