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• <br />EJ Master form recorded by �\N <br />1. DATE AND PARTIES. The date of this Deed of Trust is Jan_ 18,___2005---- _-- ___- ___ - -- and the parties and their addresses <br />are as follows: ENCINGER PROPERTIES II, L.L.C., A NEBRASKA LIMITED LIABILITY COMPANY <br />TRUSTOR: <br />1004 DIERS AVENUE, SUITE 310 <br />GRAND ISLAND, NE 68803 <br />= Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: TierOne Bank <br />1235 'N' St / P.O. Box 83009 <br />Lincoln, NE 68501 <br />BENEFICIARY: Tierone Bank <br />1235 'N' St / PO Box 83009 Lincoln, NE 68501 <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 />LOT THREE (3), RICHMOND SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA. <br />The property is located in ---------------------------- _Hall at 527 N DIERS AVENUE <br />(County) <br />- - - - -- - - - -- - -- - � --------------- - - - -- <br />GRAND- ISLAND__________ ___ _________ _ Nebraska ____ 6.8.803__ -____ <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 any one time shall not exceed $ 130_,-4-9-8--.-00 ----------------- . 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 below it is suggested that <br />you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) <br />A Promissory Note dated 01/18/2005 in the original principal sum of $130,498.00 <br />NEBRASKA - AGRICULTURAUCOMMERCIAL DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) / -µms page <br />�e�T.%)1993 Bankers Systems, Inc., St. Cloud, MN Form AG/CO -DT -NE 1/30/2002 jt/ <br />(C- C164(NE) (0307) VM P Mortgage Solutions (800)521-7291 <br />n <br />M = <br />n <br />[� <br />C <br />7nC <br />rrn <br />A <br />f7 <br />D N <br />�., <br />o --A <br />c a <br />o <br />7C <br />CA <br />= <br />�� <br />:, <br />� <br />z J <br />---I M, <br />tv <br />Q <br />m <br />1--+ <br />(D <br />O <br />1 <br />C7 <br />O <br />-r, <br />co <br />m, <br />= <br />_D <br />D n <br />O <br />o <br />r n <br />o <br />CJ <br />cn <br />CD <br />(n <br />p Z <br />O <br />State of Nebraska <br />Space Above This Line For Recording <br />Data <br />REAL <br />ESTATE DEED OF TRUST <br />(With Future Advance Clause) <br />Loan No. <br />0150222542 <br />L� <br />Construction Security Agreement <br />EJ Master form recorded by �\N <br />1. DATE AND PARTIES. The date of this Deed of Trust is Jan_ 18,___2005---- _-- ___- ___ - -- and the parties and their addresses <br />are as follows: ENCINGER PROPERTIES II, L.L.C., A NEBRASKA LIMITED LIABILITY COMPANY <br />TRUSTOR: <br />1004 DIERS AVENUE, SUITE 310 <br />GRAND ISLAND, NE 68803 <br />= Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: TierOne Bank <br />1235 'N' St / P.O. Box 83009 <br />Lincoln, NE 68501 <br />BENEFICIARY: Tierone Bank <br />1235 'N' St / PO Box 83009 Lincoln, NE 68501 <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 />LOT THREE (3), RICHMOND SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA. <br />The property is located in ---------------------------- _Hall at 527 N DIERS AVENUE <br />(County) <br />- - - - -- - - - -- - -- - � --------------- - - - -- <br />GRAND- ISLAND__________ ___ _________ _ Nebraska ____ 6.8.803__ -____ <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 any one time shall not exceed $ 130_,-4-9-8--.-00 ----------------- . 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 below it is suggested that <br />you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) <br />A Promissory Note dated 01/18/2005 in the original principal sum of $130,498.00 <br />NEBRASKA - AGRICULTURAUCOMMERCIAL DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) / -µms page <br />�e�T.%)1993 Bankers Systems, Inc., St. Cloud, MN Form AG/CO -DT -NE 1/30/2002 jt/ <br />(C- C164(NE) (0307) VM P Mortgage Solutions (800)521-7291 <br />