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D <br />z <br />a <br />M <br />M <br />.y <br />m <br />1/) <br />M <br />3i <br />n <br />M <br />W <br />WHEN RECORDED MAIL TO: U <br />Flee Points Bank <br />GJ On N <br />West Branch On <br />2009 N. Clark Ave. <br />0 I I d 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 $160,000.00. <br />THIS DEED OF TRUST is dated December 18, 2002, among LESLEE L BRUNK and DOUGLAS L BRUNK, <br />Wife and Husband ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"Trustee"). <br />CONVEYANCE AND GRANT. Far valuable consideration, Truster 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 statements, 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 includingq <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, State Ot <br />Nebraska: <br />See EXHIBIT "A ", which is attached to this Deed of Trust and made a part of this Deed of Trust as if <br />fully set forth herein. <br />The Real Properly or its address is commonly known as 1009 E Stolley Park Road, Grand Island, NE <br />68801. <br />FUTURE ADVANCES. Specifically, without limitation, this Dead 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 $169,000.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Trusters right. ttle, and interest in and to all present <br />and future leases of the Property and all Rents from the Property. In addition, Truster 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 Truster 'a obligations under the Note, this Dead of Trust, <br />and the Related Documents. <br />CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-330 and 2A409 of the Uniform <br />Commercial Cade, as these sections have been adopted by the State of Nebraska. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truator agrees that Trustor'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, Thurston may (1) remain in possession and control of the Property; (2( <br />use, operate or manage the Property; and (3) collect the Rents tram the Property. <br />n <br />! <br />2 <br />Dt <br />I <br />n <br />Ti <br />a <br />c <br />o w <br />to <br />CD <br />N <br />L"• <br />X— <br />I i <br />i <br />ri <br />y r~.1 <br />nFn <br />rb <br />" <br />-1 <br />x <br />WHEN RECORDED MAIL TO: U <br />Flee Points Bank <br />GJ On N <br />West Branch On <br />2009 N. Clark Ave. <br />0 I I d 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 $160,000.00. <br />THIS DEED OF TRUST is dated December 18, 2002, among LESLEE L BRUNK and DOUGLAS L BRUNK, <br />Wife and Husband ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"Trustee"). <br />CONVEYANCE AND GRANT. Far valuable consideration, Truster 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 statements, 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 includingq <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, State Ot <br />Nebraska: <br />See EXHIBIT "A ", which is attached to this Deed of Trust and made a part of this Deed of Trust as if <br />fully set forth herein. <br />The Real Properly or its address is commonly known as 1009 E Stolley Park Road, Grand Island, NE <br />68801. <br />FUTURE ADVANCES. Specifically, without limitation, this Dead 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 $169,000.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Dead of Trust) all of Trusters right. ttle, and interest in and to all present <br />and future leases of the Property and all Rents from the Property. In addition, Truster 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 Truster 'a obligations under the Note, this Dead of Trust, <br />and the Related Documents. <br />CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-330 and 2A409 of the Uniform <br />Commercial Cade, as these sections have been adopted by the State of Nebraska. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truator agrees that Trustor'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, Thurston may (1) remain in possession and control of the Property; (2( <br />use, operate or manage the Property; and (3) collect the Rents tram the Property. <br />