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<br /> jlIO ~~ <br /> m <br /> 'TI ., <br /> f' c: <br /> z n :I: <br /> n x -';~<,",. <br /> c- ,,%: ~ c <br /> li m ~ 9" " 'j;.:. <br />N n en 1''''''1 '\'. <br /> "'''1 <br />cSl ~ :J: (.";) <br />s ~ 0 ('::) <br />(j) "'1"1 <br />~ c'~." <br />S r1".' l\ <br />~ r' <br />+::. l:,:) <br />W V, i' <br /> ~ <br /> <br /> <br />200610143 <br /> <br />1 ~"'.." I <br />;:'-,,::.,:,)0 0 (fl <br />G::"""::> 0 <br />~~~w.;l"".;) 0 --1 <br /> C J".>- f'\,) <br />:~~ z ~~ <br />\.::~::.) -t fT, <br />c:.:: C) <br /> -< 1,,:::) rr <br />I---" C) """1 C) <br />c...v .,., ... . Cf) - <br /> I" I <br /> " <br />-0 :r.'.... (,71 I--" <br />:::3 r-" --,-, <br />,- ',- C) <br />~~ <br /> (J) t--" <br />G.) /': <br /> > ....c <br />C) "-'"- <br />0::> fJ! W ~ <br /> (f) <br /> ---- <br /> <br />SECURITY AGREEMENT AND FINANCING STATEMENT <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />,'--' ~ <br />'---- - <br /><=> <br />t-..,;, <'::"; <br />...........--., <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 /> <br />~I{J~ <br /> <br />( OR) <br /> <br />(DEBTOR) <br /> <br />/'~~) <br />, .:<:'1" ,," , r/'--o. .. <br />A"''l' ,.' _,I'u'" " "'. "' <br />Q' ,"l" . ". ","w <br />~ ; ~.:. .'. -:1, \ <br />:. i (.";' , ':-',,,. ~ VI <br />--~~,...., ~'.~#' :<, <br />u. .....1 ,,' ''')' . D.~ , <br />~ I~ ,'i t/ f Ql <br />"~ ~~.< ".~~ . L.t..J <br />f. ,~,jo 9- ~ <br />'.. ... . <br />... ""'~']1 0... .... "\ <br />(/ '-'i.. ."....... 'l;~':)/i <br />~I-f/'i tv D \5\, -?::i;;?:? <br />,_._<,CY" <br />~~~ <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 />