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1. <br />TRUSTOR: <br />Janice M. Kutilek, A SINGLE PERSON <br />337 Pheasant Or <br />Grand Island, NE 68801 <br />507.90 -5748 <br />❑ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and <br />acknowledgments. <br />TRUSTEE: BANK OF DONIPHAN <br />118 W PLUM <br />DONIPHAN, NE 68832 <br />47. 0490809 <br />BENEFICIARY: BANK OF DONIPHAN <br />Organized and existing under the laws of the state of Nebraska <br />118 W Plum <br />Doniphan, NE 68832 <br />47. 0490809 <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: A TRACT OF LAND COMPRISING A PART OF LOTS 37, 38, AND 39, HIDDEN LAKES SUBDIVISION NUMBER TWO, HALL COUNTY, NEBRASKA, MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 39; THENCE SOUTHEASTERLY ALONG THE <br />NORTHEASTERLY LINE OF SAID LOT 39, A DISTANCE OF 262.69 FEET; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 39 A <br />DISTANCE OF 61.38 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 39; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 38, A <br />DISTANCE OF 70.13 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 38; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 37, A <br />DISTANCE OF 23.42 FEET; THENCE DEFLECTING RIGHT 92 21' AND RUNNING NORTHWESTERLY A DISTANCE OF 274.45 FEET TO A POINT ON THE <br />NORTHWESTERLY LINE OF SAID LOT 39; THENCE RUNNING NORTHEASTERLY ON THE ARC OF A CURVE WHOSE RADIUS IS 400' AND ON SAID NORTHWESTERLY <br />LINE OF LOT 39 A CHORD DISTANCE OF 151.25 FEET TO THE PLACE OF BEGINNING. <br />The property is located in . ............................... HO . ............................... at 3.3.7 Pheasant Dr <br />.............................. <br />(County) <br />............................. ............................... . .................... W11.4l4lano.................... , Nebraska ........ 68801......... <br />(Address) (City) (ZIP Code) <br />Together with all rights, easements, appurtenances, royalties, 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 $ $, QOO. pO ............. ............................... 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) age 1 of 4) <br />cSM ©1994 Bankers Systems, Inc., St. Cloud, MN Form RE -DT -NE 1/30/2002 C:� <br />T <br />X <br />Cr <br />Z <br />n <br />M N v <br />°w <br />C D <br />n <br />= --{ <br />N CD <br />M <br />—� <br />'� O <br />O <br />CID <br />0 Q <br />J <br />s <br />(/� <br />o <br />co <br />-n z <br />D <br />W N <br />CIO <br />A <br />m <br />r - D <br />�'� rNi- <br />cn <br />� <br />20031341'7 <br />--� <br />CID <br />State of Nebraska <br />Space Above This Line For by prding Datfr' <br />r.�. <br />DEED OF TRUST <br />z <br />(With Future Advance Clause) <br />0 <br />❑ Construction Security Agreement <br />❑ Master form recorded by ............................. <br />DATE AND <br />PARTIES. The <br />date of this Deed of Trust (Security Instrument) is <br />09- 30.2003,, , , , , , <br />, , , , , , ,,,,, , , <br />and the parties, their addresses <br />and tax identification numbers, if required, are as follows. <br />o <br />TRUSTOR: <br />Janice M. Kutilek, A SINGLE PERSON <br />337 Pheasant Or <br />Grand Island, NE 68801 <br />507.90 -5748 <br />❑ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and <br />acknowledgments. <br />TRUSTEE: BANK OF DONIPHAN <br />118 W PLUM <br />DONIPHAN, NE 68832 <br />47. 0490809 <br />BENEFICIARY: BANK OF DONIPHAN <br />Organized and existing under the laws of the state of Nebraska <br />118 W Plum <br />Doniphan, NE 68832 <br />47. 0490809 <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: A TRACT OF LAND COMPRISING A PART OF LOTS 37, 38, AND 39, HIDDEN LAKES SUBDIVISION NUMBER TWO, HALL COUNTY, NEBRASKA, MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 39; THENCE SOUTHEASTERLY ALONG THE <br />NORTHEASTERLY LINE OF SAID LOT 39, A DISTANCE OF 262.69 FEET; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 39 A <br />DISTANCE OF 61.38 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 39; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 38, A <br />DISTANCE OF 70.13 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 38; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 37, A <br />DISTANCE OF 23.42 FEET; THENCE DEFLECTING RIGHT 92 21' AND RUNNING NORTHWESTERLY A DISTANCE OF 274.45 FEET TO A POINT ON THE <br />NORTHWESTERLY LINE OF SAID LOT 39; THENCE RUNNING NORTHEASTERLY ON THE ARC OF A CURVE WHOSE RADIUS IS 400' AND ON SAID NORTHWESTERLY <br />LINE OF LOT 39 A CHORD DISTANCE OF 151.25 FEET TO THE PLACE OF BEGINNING. <br />The property is located in . ............................... HO . ............................... at 3.3.7 Pheasant Dr <br />.............................. <br />(County) <br />............................. ............................... . .................... W11.4l4lano.................... , Nebraska ........ 68801......... <br />(Address) (City) (ZIP Code) <br />Together with all rights, easements, appurtenances, royalties, 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 $ $, QOO. pO ............. ............................... 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) age 1 of 4) <br />cSM ©1994 Bankers Systems, Inc., St. Cloud, MN Form RE -DT -NE 1/30/2002 C:� <br />