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20�104431 <br />2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one <br />time and from time to time will not exceed $500,000.00. Any limitation of amount does not include interest <br />and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not <br />apply to advances made under the terms of this Security Instrument to protect Lender's security and to <br />perform any of the covenants contained in this Security Instrument. <br />3. SECURED DEBTS AND FUTURE ADVANCES. The term "Secured Debts" includes and this Security <br />Instrument will secure each of the following: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note or other agreement, No. 75160, dated June 10, 2011, from KENNETH A <br />KOHLHOF (Borrower? to Lender, with a maximum credit limit of 5700,000.00 and maturing on December <br />15, 2011. <br />B. Future Advances. All future advances from Lender to KENNETH A KOHLHOF under the Specific Debts <br />executed by KENNETH A KOHLHOF in favor of Lender after this Security Instrument. If more than one <br />person signs this Security Instrument, each agrees that this Security Instrument will secure all future <br />advances that are given to KENNETH A KOHLHOF either individually or with others who may not sign this <br />Security Instrument. All future advances are secured by this Security Instrument even though all or part <br />may not yet be advanced. All future advances are secured as if made on the date of this Security <br />Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future <br />advances in any amount. Any such commitment must be agreed to in a separate writing. In the event that <br />Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security <br />interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security <br />Instrument will not secure any other debt if Lender fails, with respect to that other debt, to fulfill any <br />necessary requirements or limitations of Sections 19(a), 32, or 35 of Regulation Z. <br />C. All Debts. All present and future debts from KENNETH A KOHLHOF 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 <br />commitment must be in writing. In the event that Lender fails to provide any required notice of the right of <br />rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created <br />by this Security Instrument. This Security Instrument will not secure any debt for which a non-possessory, <br />non-purchase money security interest is created in "household goods" in conneetion with a"consumer <br />loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This <br />Security Instrument will not secure any debt for which a security interest is created in "margin stock" and <br />Lender does not obtain a"statement of purpose," as defined and required by federal law governing <br />securities. This Security Instrument will not secure any other debt if Lender fails, with respect to that other <br />debt, to fulfill any necessary requirements or limitations of Sections 19(a), 32, or 35 of Regulation Z. <br />D. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security <br />Instrument. � <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 />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 />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 />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 />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 />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 />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 />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 />KENNETH A KOHLHOF <br />Nebraska Deed Of Trust <br />NE/4AMOSEMAN000 000 000006 2 1 06 5 0608 1 1 N Wolters Kluwer Financial Services °1996, 2011 Bankers SystemsTM Page 2 <br />�� <br />