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<br />SECURITY AGREEMENT AND FINANCING STATEMENT
<br />
<br />KNOW ALL MEN BY THESE PRESENTS:
<br />
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<br />
<br />That John J. Chmelka, an Unmarried Person, of 49 Kuester Lake Road, Grand Island, NE 68801, DEBTOR,
<br />for the purpose of securing the payment of $114,900.00 and interest at 8.25% percent initial annual percentage rate
<br />according to a Promissory Note described as follows: Promissory Note # 101211206, dated November 10, 2006, in the
<br />amount of $114,900.00, with an annual interest rate of 8.25%, payable by the Debtors to Five Points Bank of Grand
<br />Island, Nebraska, with it's main office at 2015 North Broadwell, Grand Island, Nebraska, the SECURED PARTY, the
<br />debtors do hereby grant, mortgage and assign unto said Secured Party the house and all other improvements now or
<br />hereafter situated on a leasehold, at 49 Kuester Lake Road, Grand Island, NE 68801, and all appurtenances thereto, of
<br />frame construction and said house being situated upon:
<br />
<br />Lot Twenty-Seven (27), Situated on the West side of the East portion of Kuester's Lake, located on the East
<br />one-half of the Southwest Quarter (E1/2SW1/4) of Section Thirteen (13), Township Eleven (11) North, Range Nine (9)
<br />West of the 6th P,M., Hall County, Nebraska.
<br />
<br />including any improvements, accessions, accessories, parts, or equipment now or hereafter affixed hereto.
<br />
<br />The Debtors warrant that the above-described property situated on said leased premises is free and clear of all
<br />liens and encumbrances, that they will pay the annual ground rent and any assessments payable to the Lessor of such
<br />leased premises when the same is due and payable and before the same become delinquent, according to the
<br />provisions of Debtors' lease; that they will pay all personal taxes before the same become delinquent; that they will
<br />maintain and pay the premiums for fire and extended coverage insurance on said improvements in an amount not less
<br />than the unpaid balance of the indebtedness; that if they fail to pay any such rents, assessments or taxes before the
<br />same become delinquent, or such premiums when the same become due, that the Secured Party may pay the same,
<br />and any such payments by the Secured Party shall be a part of this indebtedness, payment of which shall be secured by
<br />this Security Agreement and Financing Statement shall be forthwith due and repayable by Debtors to the Secured Party
<br />and shall bear interest at the maximum legal rate from the time of such payment of rents, assessments, taxes or
<br />premiums until the same have been repaid to the Secured Party.
<br />
<br />It is hereby agreed that if default be made in the payment of said Note or any part thereof when due or if the
<br />Debtors fail to pay ground rent and assessments to the Lessor as required under their Lease or personal taxes before
<br />the same become delinquent, or said insurance premiums when due or if any attempt be made to dispose of or remove
<br />the said mortgaged improvements from said premises or if at any time the Secured Party shall deem the said debt
<br />unsafe or insecure, including nonconformance by the Debtors with any of the terms of their Lease with their Lessor, the
<br />Secured Party is authorized to enter upon the premises where said property may be, and Debtors will forthwith
<br />relinquish possession of the leased premises and improvements to the Secured Party; and thereafter, the Secured Party
<br />shall receive all rents to apply upon said debt and may at its option sell said property at public or private sale with or
<br />without notice, and out of the proceeds of any such sale retain the amount then owing on said debt, with advances and
<br />for expenses pertaining to any such sale, rendering the account to the Debtors and payment to them of any surpluses,
<br />after the whole of said debt shall have been paid, with such advances and expenses of sale.
<br />
<br />WITNESS our signatures to the foregoing instrument this
<br />
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<br />( OR)
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<br />(DEBTOR)
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<br />On this 1 November, 2006, before me the undersigned, a Notary Public within and for said County, personally
<br />came John J. Chmelka, an Unmarried Person, who are known to me and known to me to be the identical persons
<br />whose names are so affixed to the foregoing Security Agreement and Financing Statement as Debtor, and they
<br />acknowledge their execution thereof to be their voluntary act and deed for the purposes therein stated.
<br />
<br />STATE OF NEBRASKA
<br />
<br />
<br />FIVE POINTS BANK, GRAND ISLAND, NEBRASKA
<br />(SECURED PARTY)
<br />
<br />
<br />BY~I<< vM~
<br />Devra cElroy
<br />
<br />COUNTY OF HALL
<br />
<br />WITNESS my hand and Notarial Seal the date last above w~~
<br />
<br />(J ,k! ~tr
<br />Notary Public
<br />
<br />GENERAL NOTARY. State of Nebraska
<br />..,J~L DEVRA McELROY
<br />lI',' r ~ <~ My Comm. Exp. Aug, 25, 2009
<br />
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