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-:0 <br />a <br />rw <br />r <br />m <br />1't'1 <br />C <br />n <br />H <br />sil <br />I <br />WHEN RECORDED MAIL TO: <br />Five Points Bank C / <br />West Branch 7 J 'Jr0 <br />2009 N. Dia a Ave. <br />Grand Island. NE 68803 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 $200,000.00. <br />THIS DEED OF TRUST is dated August 2, 2004, among KEITH A FISCHER and JANE A FISCHER, HUSBAND <br />AND WIFE ( "Trustor "); Five Points Bank, whose address Is West Branch, 2009 N. Diers Ave., Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, <br />whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lander 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 stack in utilitins with ditch or irrigation rights); and all other rights, royalties, and profits relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similer matters, (the "Real Property ") loeaR3 in HALL <br />County, State of Nebraska: <br />LOT TEN (10), WESTGATE SIXTH SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA. <br />The Real Property or its address is commonly known as 3815 WEST OLD POTASH HIGHWAY, GRAND <br />ISLAND, NE 68803. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all <br />future amounts Lender in its discretion may loan to Borrower, together with all Interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $200,000.00. <br />Truster presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Truster'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, Truster 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 (9) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOWS REPRESENTATIONS AND WARRANTIES. Truster warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Truster has the full power, right, and authority to enter into this Dead of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Truster and do not result in a violation of any law, regulation, court Herres or order applicable to Truster; (d) Truster has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Truster about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any "one action" or "anti - deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Truster, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Truster shall strictly perform all their respective obligations under the <br />N <br />A <br />O gn <br />T <br />= <br />D <br />b <br />N <br />L <br />c <br />z <br />Pit <br />A <br />Cl <br />o <br />rno <br />� <br />r cn <br />v <br />r a <br />N <br />cn <br />I <br />I <br />C <br />n <br />N CD <br />C <br />Cn <br />cn <br />m <br />N <br />z <br />sil <br />I <br />WHEN RECORDED MAIL TO: <br />Five Points Bank C / <br />West Branch 7 J 'Jr0 <br />2009 N. Dia a Ave. <br />Grand Island. NE 68803 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 $200,000.00. <br />THIS DEED OF TRUST is dated August 2, 2004, among KEITH A FISCHER and JANE A FISCHER, HUSBAND <br />AND WIFE ( "Trustor "); Five Points Bank, whose address Is West Branch, 2009 N. Diers Ave., Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, <br />whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lander 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 stack in utilitins with ditch or irrigation rights); and all other rights, royalties, and profits relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similer matters, (the "Real Property ") loeaR3 in HALL <br />County, State of Nebraska: <br />LOT TEN (10), WESTGATE SIXTH SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA. <br />The Real Property or its address is commonly known as 3815 WEST OLD POTASH HIGHWAY, GRAND <br />ISLAND, NE 68803. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all <br />future amounts Lender in its discretion may loan to Borrower, together with all Interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $200,000.00. <br />Truster presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Truster'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, Truster 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 (9) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOWS REPRESENTATIONS AND WARRANTIES. Truster warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Truster has the full power, right, and authority to enter into this Dead of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Truster and do not result in a violation of any law, regulation, court Herres or order applicable to Truster; (d) Truster has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Truster about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any "one action" or "anti - deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Truster, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Truster shall strictly perform all their respective obligations under the <br />