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<br />.
<br />
<br />,200700161
<br />
<br />.
<br />
<br />from H & J Investments LLC (Borrower) to Lender, with a loan amount of $260,000.00 and maturing on
<br />January 5, 2008.
<br />
<br />B. All Debts. All present and future debts from H & J Investments LLC to Lender, even if this Security
<br />Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this
<br />debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred
<br />either individually or with others who may not sign this Security Instrument. Nothing in this Security
<br />Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment
<br />must be in writing. In the event that Lender fails to provide any required notice of the right of rescission,
<br />Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this
<br />Security Instrument. This Security Instrument will not secure any debt for which a non-possessory, non-
<br />purchase money security interest is created in "household goods" in connection with a "consumer loan," as
<br />those terms are defined by federal law governing unfair and deceptive credit practices. This Security
<br />Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender
<br />does not obtain a "statement of purpose," as defined and required by federal law governing securities.
<br />
<br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security
<br />Instrument.
<br />
<br />4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in
<br />accordance with the terms of the Secured Debts and this Security Instrument.
<br />
<br />5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by
<br />this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust,
<br />with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of
<br />record.
<br />
<br />6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or
<br />other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees:
<br />
<br />A. To make all payments when due and to perform or comply with all covenants.
<br />
<br />B. To promptly deliver to Lender any notices that Grantor receives from the holder.
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<br />C. Not to allow any modification or extension of, nor to request any future advances under any note or
<br />agreement secured by the lien document without Lender's prior written consent.
<br />
<br />7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments,
<br />ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to
<br />provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's
<br />payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security
<br />Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor
<br />may have against parties who supply labor or materials to maintain or improve the Property.
<br />
<br />8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured
<br />Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien,
<br />encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed
<br />by federal law (12 C.F.R. 591), as applicable.
<br />
<br />9. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender the following warranties and
<br />representations which will continue as long as this Security Instrument is in effect:
<br />
<br />A. Power. Grantor is duly organized, and validly existing and in good standing in all jurisdictions in which
<br />Grantor operates. Grantor has the power and authority to enter into this transaction and to carryon
<br />Grantor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each
<br />jurisdiction in which Grantor operates.
<br />
<br />B. Authority. The execution, delivery and performance of this Security Instrument and the obligation
<br />evidenced by this Security Instrument are within Grantor's powers, have been duly authorized, have received
<br />all necessary governmental approval, will not violate any provision of law, or order of court or governmental
<br />agency, and will not violate any agreement to which Grantor is a party or to which Grantor is or any of
<br />Grantor's property is subject.
<br />
<br />C. Name and Place of Business. Other than previously disclosed in writing to Lender, Grantor has not
<br />changed Grantor's name or principal place of business within the last 10 years and has not used any other
<br />trade or fictitious name. Without Lender's prior written consent, Grantor does not and will not use any other
<br />name and will preserve Grantor's existing name, trade names and franchises.
<br />
<br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good
<br />condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste,
<br />impairment, or deterioration of the Property, Grantor will keep the Property free of noxious weeds and grasses.
<br />_ Grantor agrees that the nature of th~ oC(;lIpancy and use will not substantially change without Lender's prior
<br />written consent. Grantor will not permit any change in any license, restrictive covenant or easement without
<br />Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions
<br />against Grantor, and of any loss or damage to the Property.
<br />No portion of the Property will be removed, demolished or materially altered without Lender's prior written
<br />consent except that Grantor has the right to remove items of personal property comprising a part of the
<br />Property that become worn or obsolete, provided that such personal property is replaced with other personal
<br />property at least equal in value to the replaced personal property, free from any title retention device, security
<br />agreement or other encumbrance. Such replacement of personal property will be deemed subject to the
<br />security interest created by this Security Instrument. Grantor will not partition or subdivide the Property
<br />without Lender's prior written consent.
<br />Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of
<br />inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a
<br />
<br />H & J Investments LLC
<br />Nebraska Deed Of Trust
<br />NE/4XXXXXMJ030421.00005451013120406Y
<br />
<br />"'1996 Bankers Systems, Inc., St. Cloud, MN ~
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