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WHEN RECORDED MAIL TO: <br />Five Points Bank 2 (� 0 0 2 3 lL J 7 3 <br />North Branch <br />2015 North Broatlwe11 <br />Grand I l n 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 $300,000.00. <br />THIS DEED OF TRUST is dated September 24, 2002, among RANDELL S GLEASON and MICHELE L <br />TRUMLER- GLEASON; HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is North Branch, <br />2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes <br />as "Beneficiary'); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 <br />(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 night, fitle, 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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In HALL County, Stale of <br />Nebraska: <br />SEE ATTACHED EXHIBIT A <br />The Real Property or its address is commonly known as 15397 W OLD POTASH HWY, WOOD RIVER, NE <br />68883. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future <br />amounts Lender in its discretion may loan to Truster, together with all interest thereon; however, in no event shall such future advances (excluding <br />interest) exceed in the aggregate $300,000.00. <br />Truster 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 present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 IS 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 this <br />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 Deed of Trust, <br />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 Uniform <br />Commercial Code, as those sections have been adopted by the State of Nebraska. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truster's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />use, 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 maintenance <br />necessary to preserve its value. <br />N <br />o <br />o <br />T <br />m <br />> <br />u�+ <br />r i <br />; n <br />ry rIT <br />C <br />CO <br />N <br />EM. <br />ctD <br />N <br />LJ <br />vv <br />N <br />C <br />Cdr <br />ur <br />CD <br />rw <br />Z <br />0 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank 2 (� 0 0 2 3 lL J 7 3 <br />North Branch <br />2015 North Broatlwe11 <br />Grand I l n 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 $300,000.00. <br />THIS DEED OF TRUST is dated September 24, 2002, among RANDELL S GLEASON and MICHELE L <br />TRUMLER- GLEASON; HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is North Branch, <br />2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes <br />as "Beneficiary'); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 <br />(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 night, fitle, 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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In HALL County, Stale of <br />Nebraska: <br />SEE ATTACHED EXHIBIT A <br />The Real Property or its address is commonly known as 15397 W OLD POTASH HWY, WOOD RIVER, NE <br />68883. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future <br />amounts Lender in its discretion may loan to Truster, together with all interest thereon; however, in no event shall such future advances (excluding <br />interest) exceed in the aggregate $300,000.00. <br />Truster 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 present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 IS 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 this <br />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 Deed of Trust, <br />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 Uniform <br />Commercial Code, as those sections have been adopted by the State of Nebraska. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truster's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />use, 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 maintenance <br />necessary to preserve its value. <br />