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State of Nebraska <br />200316579 <br />a�. i.� <br />Ij <br />C - fa <br />1'►- <br />❑■ <br />�jG.SG 4&,9 Fv5 <br />State of Nebraska County of Hamilton <br />Filed for record /cL— 20 <br />atc;E� M, and recorded in <br />Book 1 Ito page /G <br />f>Q�Y11 in ,uAk/ ounty Clerk <br />acL Deputy <br />Space Above This Line For Recording Data <br />DEED OF TRUST <br />(With Future Advance Clause) <br />Construction Security Agreement <br />❑ Master form recorded by ............................. <br />1. DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is .................11.26 ;2003.. , , . . . ... . . , . . , . <br />and the parties, their addresses and tax identification numbers, if required, are as follows: <br />TRUSTOR: Kevin J. Smoyer and Sandra K. Smoyer, Husband and Wife <br />3820 Hampton Rd <br />Grand Island, NE 68803 <br />505 - 78.9209, 505. 72.4051 <br />❑ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and <br />acknowledgments. <br />TRUSTEE: Heritage Bank <br />1333 N. Webb Road <br />Grand Island, NE 68802.5138 <br />47. 0098350 <br />BENEFICIARY: Heritage Bank <br />Organized and existing under the laws of the state of Nebraska <br />1333 North Webb Road <br />P.O. Box 5138 Grand Island, NE 68802 <br />47. 0098350 <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: Lot Fifteen (15), Sunset Terrace Subdivision, Hamilton County, Nebraska <br />Lot Twenty (20), Kentish Hills Subdivision, Hall County, Nebraska <br />The property is located in ............................. Hamilton ............................. at Canyon Dr ............................... <br />(County) <br />............................. ............................... > ...................... P.hiJlips...................... , Nebraska ........68865........ <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 $ 1.$ 0, 00., Q0 ........ ............................... 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 />Kevin and Sandra Smoyer Heritage Bank note dated 11126103 <br />NEBRASKA - DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) (page 1 of14) <br />M © 1994 Bankers Systems, Inc., St. Cloud, MN Form RE -DT -NE 1/30/2002 <br />