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C r� n n cn o 1-n <br />CA C D f� <br />—Z1 m <br />a p m D N N o Q o Q" <br />CA -*t u-t <br />rn , <br />M D- � O <br />6� M =U "o N <br />t � <br />o O � <br />n <br />N c1-I .� CD <br />rco N Cn cn Z <br />WHEN RECORDED MAIL TO: <br />Wells Fargo Bank, National Association <br />Attn: Collateral Processing - Rep III <br />730 2nd Avenue South, Suite 1000 <br />Minneapolis MN 55479 FOR RECORDER'S USE ONLY <br />Illlfllllllllllllllll <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 $330,200.00. <br />THIS DEED OF TRUST is dated March 3, 2004, among David A. Foxhoven and Cynthia S. Foxhoven, husband <br />and wife, whose address is 2610 S Meadow Lane, Hastings, NE 68901; ( "Trustor "); Wells Fargo Bank, <br />National Association, whose address is Hastings, 747 No. Burlington, Hastings, NE 68901 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary "); and Wells Fargo Financial National Bank, whose <br />address is c/o Minneapolis Loan Ops Center, 730 2nd Ave., South, Suite 1000, Minneapolis, MN 55479 <br />(referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall <br />County, State of Nebraska: <br />Lot Forty -Three (43), Amick Acres West Subdivision, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 318 Renee Road, Doniphan, NE 68832. The Real <br />Property tax identification number is 400385619 <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel <br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, <br />then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT <br />OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF <br />