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I <br />IN <br />r� <br />ra <br />n <br />N <br />c <br />CTI <br />z <br />n <br />a <br />rn �— <br />IN <br />r� <br />M�_ <br />V� t <br />(\ C J <br />OD <br />co <br />Q --i <br />c x.- <br />-a <br />U7 <br />:wr <br />J <br />U7 <br />rv� <br />a:3 <br />C7 a <br />z <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island 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 $250,000.00. <br />THIS DEED OF TRUST is dated April 21, 2005, among PETER A NOTHERN; A SINGLE PERSON ( "Trustor "); <br />Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br />Box 1507, Grand Island, NE 68802 -1507 (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 o 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), BLOCK THREE (3), WOODLAND PARK FIRST SUBDIVISION, CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 4195 TEXAS AVE, GRAND ISLAND, NE 68803. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the <br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $250,000.00. <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 />this 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 <br />Deed of Trust, 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 <br />Uniform Commercial Code, as those 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 <br />governed by the following provisions: <br />M <br />n <br />c <br />� <br />n <br />a <br />n <br />M�_ <br />V� t <br />(\ C J <br />OD <br />co <br />Q --i <br />c x.- <br />-a <br />U7 <br />:wr <br />J <br />U7 <br />rv� <br />a:3 <br />C7 a <br />z <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island 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 $250,000.00. <br />THIS DEED OF TRUST is dated April 21, 2005, among PETER A NOTHERN; A SINGLE PERSON ( "Trustor "); <br />Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br />Box 1507, Grand Island, NE 68802 -1507 (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 o 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), BLOCK THREE (3), WOODLAND PARK FIRST SUBDIVISION, CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 4195 TEXAS AVE, GRAND ISLAND, NE 68803. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the <br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $250,000.00. <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 />this 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 <br />Deed of Trust, 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 <br />Uniform Commercial Code, as those 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 <br />governed by the following provisions: <br />