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TRUSTEE: <br />PLATTE VALLEY STATE BANK & TRUST COMPANY <br />a Corporation <br />2223 Second Ave <br />PO Box 430 <br />Kearney, Nebraska 68848 -0430 <br />BENEFICIARY (Lender): <br />PLATTE VALLEY STATE BANK &TRUST COMPANY <br />Organized and existing under the laws of Nebraska <br />1451 North Webb Road <br />Grand Island, Nebraska 68803 <br />TIN: 47- 0343902 <br />1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, <br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following <br />described property: <br />Parcel 1: Lot 2, Toukan Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska <br />Parcel 2: Lot 8, Block 3, Spaulding and Greggs Addition to the City of Grand Island, hall County, Nebraska <br />Parcel 3: The East 60 feet of Lot 1, Block 3, Spaulding and Greggs Addition to the City of Grand Island, Hall <br />County, Nebraska <br />The property is located in Hall County at 1708 Diers Ave and 1304 W 2nd St., Grand Island, Nebraska 68803. <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, <br />all diversion payments or third party payments made to crop producers and all existing and future <br />improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the <br />real estate described (all referred to as Property). This Security Instrument will remain in effect until the <br />Secured Debts and all underlying agreements have been terminated in writing by Lender. <br />2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one <br />time will not exceed $ 1,200,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained in this Security Instrument. <br />3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note or other agreement, No. 287770 -100, dated February 7, 2005, from <br />Grantor to Lender, with a loan amount of $ 1,200,000.00. One or more of the debts secured by this <br />Security Instrument contains a future advance provision. <br />B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or <br />with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a <br />commitment to make additional or future loans or advances. Any such commitment must be in writing. In <br />the event that Lender fails to provide any required notice of the right of rescission, Lender waives any <br />subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. <br />This Security Instrument will not secure any debt for which a non - possessory, non - purchase money security <br />interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by <br />federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any <br />James A Martinez <br />Nebraska Deed Of Trust Initials <br />NE/ 4XX28333000815100004558022020405Y °1996 Bankers Systems, Inc., St. Cloud, MN Ex�r�; Page 1 <br />� <br />rri <br />"m*e M <br />- � <br />n cn <br />�i. <br />r� <br />m <br />im D <br />fry <br />a <br />° <br />° <br />�? <br />L1 <br />CID <br />� <br />0 <br />CD <br />co <br />Cn <br />Un <br />CX3 <br />4. <br />Z <br />0 <br />Space Above This Line For Recording Data <br />�\ <br />DEED OF TRUST <br />L`J <br />_ <br />(With Future Advance Clause) <br />Construction Security Agreement <br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is <br />February 7, 2005. The parties <br />and their addresses are: <br />TRUSTOR (Grantor): <br />JAMES A MARTINEZ <br />a single person <br />31 1 1 Brentwood Circle <br />Grand Island, Nebraska 68801 <br />TRUSTEE: <br />PLATTE VALLEY STATE BANK & TRUST COMPANY <br />a Corporation <br />2223 Second Ave <br />PO Box 430 <br />Kearney, Nebraska 68848 -0430 <br />BENEFICIARY (Lender): <br />PLATTE VALLEY STATE BANK &TRUST COMPANY <br />Organized and existing under the laws of Nebraska <br />1451 North Webb Road <br />Grand Island, Nebraska 68803 <br />TIN: 47- 0343902 <br />1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, <br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following <br />described property: <br />Parcel 1: Lot 2, Toukan Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska <br />Parcel 2: Lot 8, Block 3, Spaulding and Greggs Addition to the City of Grand Island, hall County, Nebraska <br />Parcel 3: The East 60 feet of Lot 1, Block 3, Spaulding and Greggs Addition to the City of Grand Island, Hall <br />County, Nebraska <br />The property is located in Hall County at 1708 Diers Ave and 1304 W 2nd St., Grand Island, Nebraska 68803. <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, <br />all diversion payments or third party payments made to crop producers and all existing and future <br />improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the <br />real estate described (all referred to as Property). This Security Instrument will remain in effect until the <br />Secured Debts and all underlying agreements have been terminated in writing by Lender. <br />2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one <br />time will not exceed $ 1,200,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained in this Security Instrument. <br />3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note or other agreement, No. 287770 -100, dated February 7, 2005, from <br />Grantor to Lender, with a loan amount of $ 1,200,000.00. One or more of the debts secured by this <br />Security Instrument contains a future advance provision. <br />B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or <br />with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a <br />commitment to make additional or future loans or advances. Any such commitment must be in writing. In <br />the event that Lender fails to provide any required notice of the right of rescission, Lender waives any <br />subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. <br />This Security Instrument will not secure any debt for which a non - possessory, non - purchase money security <br />interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by <br />federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any <br />James A Martinez <br />Nebraska Deed Of Trust Initials <br />NE/ 4XX28333000815100004558022020405Y °1996 Bankers Systems, Inc., St. Cloud, MN Ex�r�; Page 1 <br />