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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />"Your Hometown Bank"
<br />2015 N. Broadwell
<br />P.O. Sou 150]
<br />Grantl Islantl NE 68802 -1507 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 $66,000.00.
<br />THIS DEED OF TRUST is dated December 2, 2002, among GARY D SMITH; A SINGLE PERSON ( "Trustor");
<br />Five Points Bank, whose address is "Your Hometown Bank ", 2015 N. Broadwell, P.O. Box 1507, Grand Island,
<br />NE 68802 -1507 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points
<br />Bank, 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 le trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of fill a right, title, unit 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 militirs 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, genlhi rn al and similar matters, (the "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />LOT TWO (2). CLARK BROS. SUBDIVISON IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 2416 S NORTH RD, GRAND ISLAND, NE 68801.
<br />CROSS- COLLATERALIZATION. In addition m the Nate, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any o e of them, a well as all claims by Lender against Truster or any o of thorn.
<br />whether now existing or hereafter arising. whether related or nrelated 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 unliquideted whether Truster
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety. accommodation party of otherwise, and whether
<br />recovery upon such amounts may be or hereafter may became 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 sroares, 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 $66,000.00.
<br />Truster presently assigns to Lender (also known as Beneficiary In this Dead of Trust) all of Trosmr'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. 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 (8) 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
<br />this Deed of Trust as they become due, and shall strictly and In a timely manner perform all of Irustor's obligations under the Nate, this
<br />Deed of Trust, and the Related Documents.
<br />CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Strung, 9 -334 and 2A -309 of the
<br />Uniform Commercial Code, as finsr 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
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