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<br />REAL ESTATE DEED OF TRUST
<br />(With Future Advance Clause)
<br />D Construction Security Agreement
<br />
<br />Loan No. 0150246617
<br />
<br />D Master form recorded by
<br />1. DATE AND PARTIES. The date of this Deed of Trust is l-f<ly_~2_t?()()(:i_ and the parties and their addresses
<br />are as follows: GORDON O'NEILL and COLLEEN O'NEILL, HUSBAND AND WIFE
<br />TRUSTOR:
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<br />1833 N HANCOCK AVENUE
<br />GRAND ISLAND, NE 68803
<br />
<br />TRUSTEE:
<br />
<br />D Refer to the Addendum which is attached and incorporated herein for additional Trustors.
<br />TierOne Bank
<br />
<br />1235 'N' St / P.O. Box 83009
<br />Lincoln, NE 68501
<br />BENEFICIARY: TierOne Bank
<br />
<br />1235 'N' St / PO Box 83009 LINCOLN, NE 68501
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<br />Organized and Existing Under the Laws of the United States of America
<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 trust for the benefit of the
<br />Beneficiary, with power of sale, the following described property:
<br />ALL OF TRUSTOR'S RIGHT, TITLE AND INTEREST IN AND TO LOT NINE (9), SITUATED ON THE EAST SIDE
<br />OF THE WEST PORTION OF KUESTER LAKE AND BEING ON A PART OF THE EAST HALF OF THE SOUTHWEST
<br />QUARTER (El/2SW1/4) IN SECTION THIRTEEN (13), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST
<br />OF THE 6TH P.M., HALL COUNTY, NEBRASKA, HAVING A LAKE FRONT FOOTAGE OF EIGHTY (80) FEET.
<br />INCLUDING BUT NOT LIMITED TO, ALL RIGHTS OF TRUSTOR IN AND UNDER THAT ASSIGNMENT OF LEASE
<br />AGREEMENT COVERING SAID REAL ESTATE DATED OS/22/2006, FROM DOUG CONE AND DEBRA CONE, HUSBAND
<br />AND WIFE, AS ASSIGNOR TO GORDON O'NEILL AND COLLEEN O'NEILL, HUSBAND AND WIFE, AS TENANT
<br />(ASSIGNEE) TOGETHER WITH ALL APPURTENANCES, IMPROVEMENTS AND FIXTURES LOCATED UPON OR USED IN
<br />CONNECTION WITH SAID REAL ESTATE. TO THE EXTENT THAT IMPROVEMENTS AND PROPERTY CONSTITUTE
<br />FIXTURES, THIS INSTRUMENT SHALL BE FILED IN THE HALL COUNTY REAL ESTATE RECORDS AND BE DEEMED
<br />A FIXTURE FILING.
<br />The property is located in _______
<br />
<br />at JHj_~___~El~E;~__~___________________________
<br />
<br />..__.__f.l_~J),______________________________
<br />(County)
<br />__ ___ __________________ ___ ___ __________ _ __ __. . _... .... . ...."" _. , __ _ __ __ _ ___________~~__ .I_$_~___ _____________ ______ , Nebraska ______ __6_8_?'()L _ __ __..
<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 anyone time shall not exceed $ ~.o3.,0_0.(l,"()()_______________ . 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 perform 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 be/ow it is suggested that
<br />you include items such as borrowers' names, note amounts, interest rates, maturity dates. etc.)
<br />A Promissory Note dated OS/22/2006 in the original principal sum of $103,000.00
<br />
<br />NEBRASKA _ AGRICULTURAUCOMMERClAL DEB) OF TRUST (NOT FOR FNMA. FHlMC, FHA OR VA USE. AND NOT FOR CONSUMER PUR"OSES)
<br />
<br />~ 01993 Bankers Systems, Inc.. Sl. Cloud, MN Form AGlCO-DT-NE 1/30/2002
<br />~-C164( NE) (0307) VMP Mort9age Solutions (800)521-7291
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