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96 ,oc
<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 $750.000.00.
<br />THIS DEED OF TRUST is dated May 22, 2003, among CURTIS LEE ALBERS and LISA M ALBERS, Husband
<br />and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diane Ave., Grand Island, NE
<br />68803 (referred to below sometimes as "Lander" 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. Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary. all of Trobler'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 Three (3), Brach's First Subdivision to the City of Grand Island, Hall County, Nebraska. Lot Four (4),
<br />Brach's Second Addition to the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 2012 BARBARA AVE. GRAND ISLAND, NE
<br />68803 -6305. The Real Property tax identification number is 400023970, 400023989
<br />FUTURE ADVANCES. Specifically, without limitation, this Dead 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 'mterestl exceed In the aggregate $750,000.00.
<br />Trustor presently assigns to Lender Ialso 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 IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST 15 GIVEN AND ACCEPTED ON THE
<br />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 'a obligations under the Note, this
<br />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 and 2A -309 of the
<br />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 Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 111 remain In possession and control of the Property;
<br />(2) user operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diane Ave.
<br />Grand l l tl NE 68803
<br />FOR RECORDER'S USE
<br />ONLY
<br />96 ,oc
<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 $750.000.00.
<br />THIS DEED OF TRUST is dated May 22, 2003, among CURTIS LEE ALBERS and LISA M ALBERS, Husband
<br />and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diane Ave., Grand Island, NE
<br />68803 (referred to below sometimes as "Lander" 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. Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary. all of Trobler'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 Three (3), Brach's First Subdivision to the City of Grand Island, Hall County, Nebraska. Lot Four (4),
<br />Brach's Second Addition to the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 2012 BARBARA AVE. GRAND ISLAND, NE
<br />68803 -6305. The Real Property tax identification number is 400023970, 400023989
<br />FUTURE ADVANCES. Specifically, without limitation, this Dead 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 'mterestl exceed In the aggregate $750,000.00.
<br />Trustor presently assigns to Lender Ialso 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 IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST 15 GIVEN AND ACCEPTED ON THE
<br />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 'a obligations under the Note, this
<br />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 and 2A -309 of the
<br />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 Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 111 remain In possession and control of the Property;
<br />(2) user operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
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