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WHEN RECORDED MAIL TO: <br />FIVE POINTS BANK OF HASTINGS <br />MAIN BANK <br />2815 OSBORNE DRIVE WEST <br />HASTINGS. NE 68901 <br />1111 <br />11111111111111111111111111111 <br />111111 <br />23 <br />-n <br />rn <br />C <br />z <br />r ttk <br />II II11111111111N IIH11111111111111111 <br />111101 <br />111111111111111111 <br />111111 <br />* 000000000000018575034010272015* <br />011111111111111111 <br />FOR RECORDER'S USE ONLY <br />III <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 October 27, 2015, among JENNIFER J STUTZMAN, whose <br />address is 9320 N 132ND ST, OMAHA, NE 68142 and JAKE J STUTZMAN a /k/a JAKE <br />STUTZMAN, whose address is 9320 N 132ND ST, OMAHA, NE 68142; WIFE AND HUSBAND <br />( "Trustor "); FIVE POINTS BANK OF HASTINGS whose address is MAIN BANK, •2815 <br />OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary "); and Five Points Bank of Hastings, whose address is 2815 Osborne <br />Drive West, Hastings, NE 68901 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. ` For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br />property, together with all I@xisting 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 rights); and all other rights, royalties, and profits relating o the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the " Property') located in HALL <br />County, State of Nebraska: <br />Lot One (1), Perfect Peace Farms Sub, Section Four (4), Township Nine (9) North Range <br />Ten (10) West of the 6th P.M., Hall County, Nebraska, more particularly described in Joint <br />- Tenancy Warranty Deed recorded as Document No. 201407268 <br />The Real Property or its address is commonly known as 5500 W PLATTE RIVER DR, <br />DONIPHAN, NE 68832. <br />FUTURE ADVANCES. In addition to the Note; this Deed of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />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 OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON <br />THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br />Trustor's 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 <br />and 2A -309 of the Uniform Commercial Code, as those sections have been adopted by the State of Nebraska. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession. and <br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so <br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, <br />treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental <br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as <br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br />