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WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />North Locust Branch
<br />113 -115 N Locust St
<br />PO Box 160
<br />Grand Island, NE 68802 -0160
<br />n r)
<br />' T)
<br />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 />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $460,000.00.
<br />THIS DEED OF TRUST is dated December 1, 2015, among DAVID 0 SOTO, whose address is
<br />4146 NORWOOD DR, GRAND ISLAND, NE 688033125 and USA M SOTO, whose address is
<br />4146 NORWOOD DR, GRAND ISLAND, NE 688033125; Husband and Wife ( "Trustor ");
<br />Equitable Bank, whose address is North Locust Branch, 113 -115 N Locust St, PO Box 160,
<br />Grand Island, NE 68802 -0160 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary "); and Equitable Bank (Grand Island Region), whose address is 113 -115 N Locust
<br />St; PO Box 160, Grand Island, NE 68802 -0160 (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 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 rights); 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 ") located in Hall County,
<br />State of Nebraska:
<br />Lot Twenty Two (22), Westwood Park Twelfth Subdivision, in the City of Grand Island, Hall
<br />County, Nebraska
<br />and
<br />Lot Seven (7), Westwood Park Third Subdivision, in the City of Grand Island, Hall County,
<br />Nebraska
<br />The Real Property or its address is commonly known as 521 Redwood Rd and 4146 Norwood
<br />Dr, Grand Island, NE 68803. The Real Property tax identification number is 400494892 &
<br />400375125.
<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 futisre 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 THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT
<br />CERTAIN CONSTRUCTION' LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY
<br />EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS
<br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF
<br />TRUST IS GIVEN AND ACCEPTED ON 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.
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