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Y� <br />r.N <br />• <br />�t <br />n C) <br />c n = <br />z � <br />n o <br />M D CA <br />CA <br />v� <br />VO <br />ry <br />O <br />M r <br />0 <br />cn <br />c� <br />N <br />C7) <br />C7 co <br />O -4 <br />c n <br />z --3 <br />M <br />-< O <br />O � <br />D G� <br />r v <br />v) <br />(n <br />Cn <br />O <br />N <br />O <br />O <br />s <br />O <br />co <br />N <br />Ca <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <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 $275,000.00. <br />rn <br />fD <br />CL <br />N <br />W <br />C <br />CD <br />z <br />C <br />THIS DEED OF TRUST is dated September 1, 2004, among JIM BUCK; A SINGLE PERSON and LINDA BUCK; <br />A SINGLE PERSON ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five <br />Points Bank, whose address is P.0 Box 1507, Grand Island, NE 68802 -1507 (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 TWO (2) INDIANHEAD 7TH SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as INDIANHEAD DRIVE, GRAND ISLAND, NE 68803. <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. <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 Trustor, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $275,000.00. <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 />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN <br />DATE HEREWITH. ANY 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 TRUST IS GIVEN AND <br />ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />