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200313459 <br />State of Nebraska Space Above This Line For Recording Data <br />REAL ESTATE DEED OF TRUST <br />(With Future Advance Clause) <br />Construction Security Agreement <br />1. DATE AND PARTIES. The date of this Deed of Trust is Sep__ 30,___2003___________________ and the parties and their addresses <br />are as follows: <br />TRUSTOR: Trent P. Nowka and Dawn Nowka, Husband & Wife <br />7437 Grand Oaks Dr. <br />Lincoln, NE 68516 <br />0 Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: Union Bank and Trust Company <br />3643 South 48th Street <br />Lincoln, NE 68506 <br />BENEFICIARY: Union Bank and Trust Company <br />3643 South 48th Street, PO Box 82535 Lincoln, NE 68501 -2535 <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure <br />the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in tn,.st for the benefit of the <br />Beneficiary, with power of sale, the following described property:' <br />The West Half of the Southwest Quarter (Wl /2 SW1 /4) of Section Twenty One (21), Township Nine (9) North, <br />Range Nine (9) West of the 6th P.M., Hall County, Nebraska, Excepting a tract of land more particularly <br />described as Nowka P1. Subdivision, Hall County, Nebraska. <br />The property is located in ----------------------------- Hall ______________________________ at W-1-/-2---SW--1/4--21---9---9 with <br />- -------- - - -- --------------------- <br />(County) <br />exceptions------------------------------------------ ________ -__ , Nebraska <br />(Address) (City) (ZIP Code) <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion <br />payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, <br />and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as <br />"Property "). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, <br />reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however <br />established. <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this <br />Deed of Trust at any one time shall not exceed $ $162 000.00 . This limitation of amount does not include <br />interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to <br />this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the terms of this Deed <br />of Trust to protect Beneficiary security and to peform any of the covenants contained in this Deed of Trust. Future advances <br />are contemplated and, along with other future obligations, are secured by this Deed of Trust even though all or part may not <br />yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to make additional or future loans <br />or advances in any amount. Any such commitment would need to be agreed to in a separate writing. <br />4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following: <br />A. The promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all extensions, <br />renewals, modifications or substitutions (Evidence of Debt). (When referencing the debts below it is suggested that <br />you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.)Variable Rate <br />Promissory Note dated 9 -30 -03 in the amount of $81,000.00 maturing on 10 -1 -13. <br />NEBRASKA - AGRICULTURAUCOMMERCIAL DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) page 1 of 6 <br />"Q1993 Bankers Systems, Inc., St. Cloud, MN Form AG /CO -DT -NE 3/8/2001 <br />- C164(NE) (0107).02 VMP MORTGAGE FORMS - (800)521 -7291 <br />m <br />