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[SPACE ABOVE THIS LINE FOR RECORDING DATA] <br />LOAN NO. 249579 <br />Construction Security Agreement/Deed of Trust <br />This Instrument is a Construction Security Agreement and secures an obligation <br />which the Trustor incurred for purposes of making an improvement of the real estate <br />in which a security interest is given and is a construction security interest. <br />THIS DEED OF TRUST is made this 20`h day of NOVEMBER, 2001, by and among JOEL E. <br />POPPE AND TINA M POPPE, HUSBAND AND WIFE, ( "Trustor ") whose mailing address is SATURN <br />STREET, ALDA, NEBRASKA 68810, and Commercial Federal Bank, a federal savings bank (Trustee "), whose <br />mailing address is 13220 California Street, Omaha, Nebraska 68154 and Commercial Federal Bank (`Beneficiary"), <br />whose mailing address is 13220 California Street, Omaha, Nebraska 68154. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for benefit and security of Beneficiary, under and subject to the terms and <br />conditions of this Deed of Trust, the real property located in the County of HALL, State of Nebraska, and described as <br />follows ( "the Property "): <br />LOT 4, ELROD ESTATES SUBDIVISION, AN ADDITION TO THE VILLAGE OF ALDA, HALL COUNTY, <br />NEBRASKA <br />TOGETHER WITH all interest which Trustor now has or may hereafter acquire in or to said Property and in <br />or to all rents easements, appurtenances, hereditaments, interests in adjoining roads, streets and alleys, improvements <br />and buildings of any kind situated thereon and all personal property that may be or hereafter become an integral part of <br />such buildings and improvements, all crops raised thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the <br />"Trust Estate." <br />Trustor covenants that Trustor is lawfully seized of the Trust Estate hereby conveyed and has the right to <br />grant, convey, transfer and assign the Trust Estate to the Trustee and that Trustor will warrant and defend generally the <br />title to the Trust Estate against all claims and demands and that the Trust Estate if free of all liens. <br />THIS CONVEYANCE IS GIVEN FOR THE PURPOSE OF SECURING: <br />A. Payment of the principal sum of EIGHTY -NINE THOUSAND ONE HUNDRED AND 00 /100ths <br />DOLLARS ($89,100.00) Dollars with interest thereon evidenced by that certain Promissory Note ( "the Note ") <br />executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is <br />hereby made a part hereof, and any and all modifications, extensions and renewals thereof together with any future <br />advances made by Beneficiary, and <br />B. Payment of all sums advance by Beneficiary for any reason to protect the Trust Estate, with interest <br />thereon at the maximum rate allowed by law. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <br />performance of any obligation secure hereby, including any Building Loan Agreement or Construction Loan <br />Agreement, are referred to collectively as the "Loan Documents." <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES <br />AS FOLLOWS: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the interest on, the <br />indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Documents. <br />2. PAYMENT OF TAXES AND INSURANCE. Unless otherwise agreed to in writing by Beneficiary, <br />Trustor shall pay to Beneficiary on the day monthly payments are due under the Note, until the Note is <br />paid in full, a sum (Funds) for (a) at least one - twelfth of the yearly property taxes and assessments on <br />the property; and (b) at least one - twelfth of the yearly hazard or property insurance premiums. These <br />items are called "Escrow Items ". Beneficiary may estimate the amount of Funds due on the basis of <br />current data and reasonable estimates of expenditures of future Escrow Items and notify Trustor in <br />writing of any changes in the amounts to be paid by Trustor. Beneficiary shall not be required to pay <br />Trustor any interest or earnings on the Funds. The Funds are pledged as additional security for all sums <br />secured by this Deed of Trust. If the amount the Funds held by Beneficiary at any time is not sufficient <br />to pay the Escrow Items when due, Beneficiary may so notify Trustor in writing, and, in such case, <br />Trustor shall pay to Beneficiary the amount necessary to make up the deficiency. Upon payment in full <br />of all sums secured by this Deed of Trust, Beneficiary shall promptly refund to Trustor any Funds held <br />by Beneficiary. <br />3. INSURANCE Trustor shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings constituting part of the Trust Estate for an amount no less than the amount of the unpaid principal balance <br />v� <br />`�XN <br />o <br />M <br />► —` <br />C> <br />o <br />M <br />2 D <br />c n <br />N <br />CD <br />CD <br />rn <br />C <br />m cn <br />CD <br />CL <br />o _q <br />0 <br />C) . <br />z <br />= <br />n <br />rn <br />TJ <br />D CO <br />S <br />C/, <br />rn <br />r <br />f7 <br />CD <br />r n <br />N <br />n <br />N <br />R. <br />PIZ <br />co <br />1 <br />.n.. <br />CO <br />LP <br />N <br />03 <br />Cn <br />O <br />�r <br />[SPACE ABOVE THIS LINE FOR RECORDING DATA] <br />LOAN NO. 249579 <br />Construction Security Agreement/Deed of Trust <br />This Instrument is a Construction Security Agreement and secures an obligation <br />which the Trustor incurred for purposes of making an improvement of the real estate <br />in which a security interest is given and is a construction security interest. <br />THIS DEED OF TRUST is made this 20`h day of NOVEMBER, 2001, by and among JOEL E. <br />POPPE AND TINA M POPPE, HUSBAND AND WIFE, ( "Trustor ") whose mailing address is SATURN <br />STREET, ALDA, NEBRASKA 68810, and Commercial Federal Bank, a federal savings bank (Trustee "), whose <br />mailing address is 13220 California Street, Omaha, Nebraska 68154 and Commercial Federal Bank (`Beneficiary"), <br />whose mailing address is 13220 California Street, Omaha, Nebraska 68154. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for benefit and security of Beneficiary, under and subject to the terms and <br />conditions of this Deed of Trust, the real property located in the County of HALL, State of Nebraska, and described as <br />follows ( "the Property "): <br />LOT 4, ELROD ESTATES SUBDIVISION, AN ADDITION TO THE VILLAGE OF ALDA, HALL COUNTY, <br />NEBRASKA <br />TOGETHER WITH all interest which Trustor now has or may hereafter acquire in or to said Property and in <br />or to all rents easements, appurtenances, hereditaments, interests in adjoining roads, streets and alleys, improvements <br />and buildings of any kind situated thereon and all personal property that may be or hereafter become an integral part of <br />such buildings and improvements, all crops raised thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the <br />"Trust Estate." <br />Trustor covenants that Trustor is lawfully seized of the Trust Estate hereby conveyed and has the right to <br />grant, convey, transfer and assign the Trust Estate to the Trustee and that Trustor will warrant and defend generally the <br />title to the Trust Estate against all claims and demands and that the Trust Estate if free of all liens. <br />THIS CONVEYANCE IS GIVEN FOR THE PURPOSE OF SECURING: <br />A. Payment of the principal sum of EIGHTY -NINE THOUSAND ONE HUNDRED AND 00 /100ths <br />DOLLARS ($89,100.00) Dollars with interest thereon evidenced by that certain Promissory Note ( "the Note ") <br />executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is <br />hereby made a part hereof, and any and all modifications, extensions and renewals thereof together with any future <br />advances made by Beneficiary, and <br />B. Payment of all sums advance by Beneficiary for any reason to protect the Trust Estate, with interest <br />thereon at the maximum rate allowed by law. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <br />performance of any obligation secure hereby, including any Building Loan Agreement or Construction Loan <br />Agreement, are referred to collectively as the "Loan Documents." <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES <br />AS FOLLOWS: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the interest on, the <br />indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Documents. <br />2. PAYMENT OF TAXES AND INSURANCE. Unless otherwise agreed to in writing by Beneficiary, <br />Trustor shall pay to Beneficiary on the day monthly payments are due under the Note, until the Note is <br />paid in full, a sum (Funds) for (a) at least one - twelfth of the yearly property taxes and assessments on <br />the property; and (b) at least one - twelfth of the yearly hazard or property insurance premiums. These <br />items are called "Escrow Items ". Beneficiary may estimate the amount of Funds due on the basis of <br />current data and reasonable estimates of expenditures of future Escrow Items and notify Trustor in <br />writing of any changes in the amounts to be paid by Trustor. Beneficiary shall not be required to pay <br />Trustor any interest or earnings on the Funds. The Funds are pledged as additional security for all sums <br />secured by this Deed of Trust. If the amount the Funds held by Beneficiary at any time is not sufficient <br />to pay the Escrow Items when due, Beneficiary may so notify Trustor in writing, and, in such case, <br />Trustor shall pay to Beneficiary the amount necessary to make up the deficiency. Upon payment in full <br />of all sums secured by this Deed of Trust, Beneficiary shall promptly refund to Trustor any Funds held <br />by Beneficiary. <br />3. INSURANCE Trustor shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings constituting part of the Trust Estate for an amount no less than the amount of the unpaid principal balance <br />v� <br />`�XN <br />o <br />M <br />► —` <br />C> <br />o <br />CD <br />c n <br />N <br />CD <br />CD <br />rn <br />C <br />m <br />CD <br />CL <br />o _q <br />0 <br />C) . <br />z <br />rn <br />TJ <br />D CO <br />H <br />C/, <br />rn <br />r <br />CD <br />r n <br />N <br />G <br />N <br />t--+ <br />PIZ <br />co <br />1 <br />.n.. <br />CO <br />N <br />03 <br />Cn <br />O <br />[SPACE ABOVE THIS LINE FOR RECORDING DATA] <br />LOAN NO. 249579 <br />Construction Security Agreement/Deed of Trust <br />This Instrument is a Construction Security Agreement and secures an obligation <br />which the Trustor incurred for purposes of making an improvement of the real estate <br />in which a security interest is given and is a construction security interest. <br />THIS DEED OF TRUST is made this 20`h day of NOVEMBER, 2001, by and among JOEL E. <br />POPPE AND TINA M POPPE, HUSBAND AND WIFE, ( "Trustor ") whose mailing address is SATURN <br />STREET, ALDA, NEBRASKA 68810, and Commercial Federal Bank, a federal savings bank (Trustee "), whose <br />mailing address is 13220 California Street, Omaha, Nebraska 68154 and Commercial Federal Bank (`Beneficiary"), <br />whose mailing address is 13220 California Street, Omaha, Nebraska 68154. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for benefit and security of Beneficiary, under and subject to the terms and <br />conditions of this Deed of Trust, the real property located in the County of HALL, State of Nebraska, and described as <br />follows ( "the Property "): <br />LOT 4, ELROD ESTATES SUBDIVISION, AN ADDITION TO THE VILLAGE OF ALDA, HALL COUNTY, <br />NEBRASKA <br />TOGETHER WITH all interest which Trustor now has or may hereafter acquire in or to said Property and in <br />or to all rents easements, appurtenances, hereditaments, interests in adjoining roads, streets and alleys, improvements <br />and buildings of any kind situated thereon and all personal property that may be or hereafter become an integral part of <br />such buildings and improvements, all crops raised thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the <br />"Trust Estate." <br />Trustor covenants that Trustor is lawfully seized of the Trust Estate hereby conveyed and has the right to <br />grant, convey, transfer and assign the Trust Estate to the Trustee and that Trustor will warrant and defend generally the <br />title to the Trust Estate against all claims and demands and that the Trust Estate if free of all liens. <br />THIS CONVEYANCE IS GIVEN FOR THE PURPOSE OF SECURING: <br />A. Payment of the principal sum of EIGHTY -NINE THOUSAND ONE HUNDRED AND 00 /100ths <br />DOLLARS ($89,100.00) Dollars with interest thereon evidenced by that certain Promissory Note ( "the Note ") <br />executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is <br />hereby made a part hereof, and any and all modifications, extensions and renewals thereof together with any future <br />advances made by Beneficiary, and <br />B. Payment of all sums advance by Beneficiary for any reason to protect the Trust Estate, with interest <br />thereon at the maximum rate allowed by law. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <br />performance of any obligation secure hereby, including any Building Loan Agreement or Construction Loan <br />Agreement, are referred to collectively as the "Loan Documents." <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES <br />AS FOLLOWS: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the interest on, the <br />indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Documents. <br />2. PAYMENT OF TAXES AND INSURANCE. Unless otherwise agreed to in writing by Beneficiary, <br />Trustor shall pay to Beneficiary on the day monthly payments are due under the Note, until the Note is <br />paid in full, a sum (Funds) for (a) at least one - twelfth of the yearly property taxes and assessments on <br />the property; and (b) at least one - twelfth of the yearly hazard or property insurance premiums. These <br />items are called "Escrow Items ". Beneficiary may estimate the amount of Funds due on the basis of <br />current data and reasonable estimates of expenditures of future Escrow Items and notify Trustor in <br />writing of any changes in the amounts to be paid by Trustor. Beneficiary shall not be required to pay <br />Trustor any interest or earnings on the Funds. The Funds are pledged as additional security for all sums <br />secured by this Deed of Trust. If the amount the Funds held by Beneficiary at any time is not sufficient <br />to pay the Escrow Items when due, Beneficiary may so notify Trustor in writing, and, in such case, <br />Trustor shall pay to Beneficiary the amount necessary to make up the deficiency. Upon payment in full <br />of all sums secured by this Deed of Trust, Beneficiary shall promptly refund to Trustor any Funds held <br />by Beneficiary. <br />3. INSURANCE Trustor shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings constituting part of the Trust Estate for an amount no less than the amount of the unpaid principal balance <br />v� <br />`�XN <br />