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M = D C.) U) <br />C m CA t � ° _ � N <br />A Z 7C m CD <br />n N r f' C:D CL <br />M D <br />o <br />C) _T1 1► �. <br />rn <br />N c» -, <br />CD <br />`~ t. C'7 <br />cn Z <br />WHEN RECORDED MAIL TO: p <br />Minneapolis Loan Ops Center <br />Attn: Collateral Processing - Rep III <br />730 2nd Ave. South Suite 1000 <br />Minneapolis, MN 55479 FOR RECORDER'S USE ONLY <br />imm�o�i�ioonAwi S6 ,o <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 $250,000.00. <br />THIS DEED OF TRUST is dated June 27, 2003, among Gregory S. Anderson and Sally L. Anderson, husband <br />and wife, whose address is 1034 N Howard Avenue, Grand Island, NE 68803 ( "Trustor "); Wells Fargo Bank <br />Nebraska, National Association, whose address is Grand Island -Main, 304 W 3rd St, Grand Island, NE 68801 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Wells Fargo Financial National <br />Bank, whose address is 1919 Douglas Street, Omaha, NE 68102 (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 Four (4), Block One (1), Summerfield Estates First Subdivision in the City of Grand Island, Hall County, <br />Nebraska. <br />and <br />West Park Addition, South 1/2 Lot 4 and all Lot 3, Block 10, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 1315 Meadow Road and 1034 N Howard Avenue, <br />Grand Island, NE 68803. The Real Property tax identification number is 400378620 & 400118238 <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 />1 <br />