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<br />WHEN RECORDED M�41L TO:
<br />CORNERSTONE BANK
<br />Shelton Factlity
<br />119 C Street
<br />P.O. Box 639
<br />Shelton NE 68876-0639 FOR RECORDER'S USE ONLY
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />THIS DEED OF TRUST is dated September 19, 2012, among Hayes Hayes & Soto Investments,
<br />LLC; A Nebraska Limited Liability Company ("Trustor"1; CORNERSTONE BANK, whose address
<br />is Shelton Facility, 119 C Street, P.O. Box 639, Shelton, NE 68876-0639 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and CORNERSTONE BANK, whose
<br />address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideretton, Trustor conveys to Trustee In truat, WITH POWER OF SALE,
<br />for the benetit of Lender as Beneflciary, all of Trustor's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the ° Real Property") loceted in Hall County
<br />State of Nebrask�:
<br />Lot Thirty One 131), Thelen Subdivision, First Addition, to the City of Wood River, Hall
<br />County, Nebraska
<br />The Real Property or its address is commonly known as 303 W Green St , Wood River, NE.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br />ptus interest the�eon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by
<br />Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether
<br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
<br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to
<br />Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation,
<br />this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion
<br />may loan to Borrower or Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY. IS GIVEN TO SECURE (A) PAYMENT pF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRWST IS GIVEN AND ACCEPTED, ON TH� FOLLOWING TERMS:
<br />TRUSTQR'S REPRESENTATIONS AND W/rRRANTIES, Trustor warrants thet; (a) this Deed of Trust is executed at
<br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into
<br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Dead of Trust do not conflict with, or
<br />result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining �
<br />�rom Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
<br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency"
<br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicially or by exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to
<br />Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly
<br />perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents.
<br />CONSTRUCTION MORTGAGE. This Deed of Trust is a"construction mortgage" for the purposes of Sections 9-334
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