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20�104�29
<br />2. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the
<br />following:
<br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
<br />replacements. A promissory note or other agreement, No. 75145, dated June 10, 2011, from KENNETH A
<br />KOHLHOF (Borrower) to Lender, with a loan amount of 5500,000.00 and maturing on May 15, 2018. A
<br />promissory note or other agreement, No. 75140, dated June 10, 2011, from Kenneth A. Kohlhof to Lender,
<br />with a loan amount of $400,000.00 and maturing on May 15, 2018. �
<br />B. All Debts. All pre nt and future debts from KENNETH A KO OF to Lender, even if this Security
<br />� /C Instrument is not specifi Ily referenced, or if the future debt is nrelated to or of a different type than this
<br />� debt. If more than one per n signs this Security Instrume , each agrees that it will secure debts incurred
<br />Q�� either individually or with ot rs who may not sign 's Security Instrument. Nothing in this Security
<br />1 Instrument constitutes a com ' ment to make tlitional or future loans or advances. Any such
<br />commitment must be in writing. In e event th ender fails to provide any required notice of the right of
<br />rescission, Lender waives any subsequ t se rity interest in the Grantor's principal dwelling that is created
<br />by this Security Instrument. This Securi nstrument will not secure any debt for which a non-possessory,
<br />non-purchase money security interes s cre ed in "household goods" in connection with a"consumer
<br />loan," as those terms are define y federal governing unfair and deceptive credit practices. This
<br />Security Instrument will not se re any debt for w' h a security interest is created in "margin stock" and
<br />Lender does not obtain a statement of purpose," defined and required by federal law governing
<br />securities. This Securi nstrument will not secure any oth debt if Lender fails, with respect to that other
<br />debt, to fulfill any n essary requirements or limitations of Sect s 191a1, 32, or 35 of Regulation Z.
<br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security
<br />Instrument.
<br />3. 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 />4. 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 />5. 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 Proper'ty, Grantor agrees:
<br />A. To make all payments when due and to perform or comply with all covenants.
<br />B. To promptly deliver to Lender any notices that Grantor receives from the holder.
<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 />6. 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 Properry against any claims that would impair the lien of this Security
<br />Instrument. Grantor agrees to assign #o 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 />7. 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 />8. 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 />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 carry on
<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 />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
<br />received all necessary governmental approval, will not violate any provision of law, or order of court or
<br />governmental agency, and will not violate any agreement to which Grantor is a party or to which Grantor is
<br />or any of Grantor's property is subject.
<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
<br />other name and will preserve Grantor's existing name, trade names and franchises.
<br />9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition
<br />and make all repairs that are reasonably necessary. Grantor wrill not commit or allow any waste, impairment, or
<br />deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor
<br />agrees that the nature of the occupancy and use will not substantially change without Lender's prior written
<br />consent. Grantor will not permit any change in any license, restrictive covenant or easement without Lender's
<br />KENNETH A KOHLHOF
<br />Nebraska Deed Of Trust
<br />NE/4AMOSEMAN00000 0000006 21 0 5 90808 1 1 N Wolters Kluwer Financial Services m1996, 2011 Bankers SystemsTM Paga 2
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