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<br />200208081
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<br />West branch
<br />2009 N. Diers Ave.
<br />Grand Island NE 68803
<br />FOR RECORDER'S USE ONLY
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<br />WHEN RECORDED MAIL TO:
<br />200208081
<br />Five Points Bank
<br />West branch
<br />2009 N. Diers Ave.
<br />Grand Island NE 68803
<br />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 Dead of Trust shall not exceed at any one time $165,000.00.
<br />THIS DEED OF TRUST is dated August 1, 2002, among MONTE J GALVAN and LONI S GALVAN, HUSBAND
<br />AND WIFE ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diets 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, Theater conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of rooster'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 rightel; 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 One (1), in Dickey Seventh Subdivision, to the City of Grand Island, Hall County, Nebraska.
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<br />The Real Property or its address is commonly known as 2660 ST PATRICK AVE, GRAND ISLAND, NE 68803.
<br />The Real Property tax identification number is 400041170
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified In the Nate, all
<br />future amounts Lender in its discretion may loan to Truster, together with all interest thereon; however, In no event shall such future
<br />advances )excluding interest) exceed In the aggregate $165,000.00.
<br />Thurber presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Trusters 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 (B) 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. Toaster shall pay to Lender all amounts secured by
<br />this Deed of Trust as they became has, and shall strictly and in a timely manner perform all of Trustor'a obligations under the Note, this
<br />Deed of Trust, entl the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truster's possession and use of the Property shall be.
<br />governed by the follnwing provisions'.
<br />Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain in possession and control of the Property;
<br />121 use, operate or manage the Property: and (3) collect the Rents from the Property.
<br />Duty to Maintain. Truster shall malntain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve Its value.
<br />Compliance With Environmental Laws. Trustur represents and warrants to Lender that: 111 During the narind of Truster re awnerehip
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Heaab ous Substance by any person on, under, about or fmm the Property; (2) Truster has no knowledge of, or reason to believe
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