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lli•■■INIE! <br />IMINNICIOMMINMEMMI <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />Attn: Diers <br />PO Box 1507 <br />Grand Island, NE <br />—4 <br />FOR RECORDER'S USE ONLY <br />68802 -1507 <br />F1vE POINTS BANK c°, • <br />1111111 I 110!!0llIIllt0Il1l1 111111 111 111111111111 IN 11111 1111111111 1 11111111 10 <br />*0000000001013064820340* <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 August 10, 2017, among SCHULTE CONSTRUCTION LLC <br />( "Trustor "); Five Points Bank, whose address is Diers Branch, 2009 N. Diers Ave., PO Box <br />1507, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and (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 <br />County, State of Nebraska: <br />Lots Thirty -six (36) and Thirty -seven (37), Thelen Subdivision, First Addition to the City of <br />Wood River, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 407 & 409 W GREEN ST, WOOD <br />RIVER, NE 68883. <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 THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF 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 />