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200809578
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Last modified
11/20/2008 3:39:03 PM
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11/20/2008 3:39:01 PM
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DEEDS
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200809578
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<br />200809578 <br /> <br />PROMISSORY NOTE <br /> <br />$6,1.07.26 <br /> <br />November 17,2008 <br /> <br />FOR V ALUE RECEIVED, the undersigned, Scott M. Husak and Janey L. Husak, <br />husband and wife, residing in Doniphan, Nebraska (individually a "Borrower" and collectively <br />the "Borrowc::rs"), promise to pay to the order of Mark W. Terry and Shirley A. Terry, husband <br />and wife, (collectively the "Lender"), at 6157 N.W. 9th Street, Lincoln, NE 68521 such address <br />as the holder of this Promissory Note (this "Note") may designate to Borrower in writing, the <br />principal sum of Six Thousand One Hundred Seven and 26/100 Dollars ($6,107.26) in the <br />manner provided below. This Note shall bear interest on any and all principal amounts <br />remaining unpaid hereunder from time to time outstanding from the date hereof until payment in <br />full at an interest rate of six and three quarters percent (6.75%) per annum. The interest rate shall <br />be calculated in accordance with the number of days actually elapsed using a 365-day year. No <br />representation is made that this rate is the lowest, the best or a favored rate. <br /> <br />Repayment <br /> <br />The amount due under this Note shall be paid as follows: <br /> <br />Beginning December 17, 2008, and continuing on the seventeenth (17th) day of each <br />calendar month thereafter through November 17, 2018, Borrower shall make payments of <br />principal and interest on this Note in the amount of Seventy and 13/100 Dollars ($70.13) each. <br />All balances of principal and interest on this Note shall be due and payable on the earlier of <br />December 17, 2018, or, at the option of the Lender, upon the occurrence of an Event of Default <br />described below, or any Event of Default described in any of the Security Document set forth <br />below. <br /> <br />If any payment if ten (10) days or more late, Borrower will be charged five percent <br />(5.00%) of the unpaid portion of the regularly scheduled payment. After maturity, whether <br />maturity occurs as a result of the occurrence of an Event of Default under this Note or the <br />Security Document, lapse of time, or otherwise, the Note shall bear interest at interest rate of <br />sixteen percent (16%) per annum (the "Default Interest Rate"), or the highest rate allowed by <br />law, whichever is less. <br /> <br />Security <br /> <br />This Note is secured by the Deed of Trust with Future Advances executed by Borrowers <br />for real property located at 402 W. Pine Street, Doniphan, Nebraska (the "Security Document"). <br />The real properties described in the Security Document shall collectively be referred to as the <br />"Property" . <br /> <br />Representations and Warranties <br /> <br />The Borrowers represent and warrant to the Lender as follows: <br /> <br />(a) The Borrowers are individuals residing in the State of Nebraska at the address <br />identified in the Security Document. <br />
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