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<br />Space Above This Line For Recording Data
<br />
<br />DEED OF TRUST
<br />(With Future Advance Clause)
<br />
<br />~
<br />~~
<br />
<br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is January 4, 2006. The parties
<br />and their addresses are:
<br />
<br />TRUSTOR (Grantor):
<br />T.C. ENCK BUILDERS, INC.
<br />A Nebraska Corporation
<br />511 Fleetwood Cir.
<br />Grand Island, Nebraska 68803
<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 />PLA TTE 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. 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 />
<br />Lot Eight (8) Via Milano Subdivision, City of Grand Island, Nebraska
<br />
<br />The property is located in Hall County at 2921 Via Milano, Grand Island, Nebraska 68803.
<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 />2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at anyone
<br />time will not exceed $175,000.00. 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 />3. 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. 276614-601, dated January 4, 2006, from
<br />Grantor to Lender, with a maximum credit limit of $175,000.00. One or more of the debts secured by this
<br />Security Instrument contains a future advance provision.
<br />B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not
<br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than
<br />one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or
<br />with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a
<br />commitment to make additional or future loans or advances. Any such commitment must be in writing. In
<br />the event that Lender fails to provide any required notice of the right of rescission, Lender waives any
<br />subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument.
<br />This Security Instrument will not secure any debt for which anon-possessory, non-purchase money security
<br />interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by
<br />federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any
<br />debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of
<br />purpose," as defined and required by federal law governing securities.
<br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security
<br />Instrument.
<br />
<br />T.C- Enck Builders, Inc.
<br />Nebraska Deed Of Trust
<br />NE/4XX2834400081510000455BOll122905Y
<br />
<br />@1996 Bankers Systems, Inc.. St. Cloud, MN ~
<br />
<br />Initials
<br />Page 1
<br />
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