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A <br />x <br />A <br />W <br />Z <br />D S <br />x <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2016 Nonh Broadwell <br />Grand I I ntl NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $1,000,000.00. <br />THIS DEED OF TRUST is dated August 20, 2003, among JOHN GUNDERSON and CAROL GUNDERSON; <br />HUSBAND AND WIFE ( "Trustor" ); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"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 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 Uf <br />Nebraska: <br />LOT THREE (3), LOCATED ON THE NORTH SIDE OF THE EAST PORTION OF KUESTER'S LAKE, HAVING <br />A LAKE FRONTAGE OF 46 FEET, AND BEING SITUATED ON A PART OF THE EAST HALF OF THE <br />SOUTHWEST QUARTER (E112SW1/4) OF SECTION THIRTEEN (13), TOWNSHIP ELEVEN (11) NORTH, <br />RANGE NINE (9), WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 29 KUESTER LAKE RD, GRAND ISLAND, NE <br />68801 -8609. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Borrower to Larder, or any one or more of them, as well as all clalms by Larder against Borrower or any one or more of them, whether now <br />existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, <br />direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower or Trustor may be liable <br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such <br />amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or <br />hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in <br />connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not <br />secure additional loans or obligations unless and until such notice is given. <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 Borrower, together with all interest thereon; however, in no event shall such future advances <br />(excluding Interest) exceed In the aggregate $1,000,000.00. <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 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, 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 />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF <br />EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED <br />m <br />m <br />C <br />E3 <br />lD <br />r�-1• <br />Ii <br />El <br />m <br />rn <br />v <br />o <br />K o <br />� <br />C�a <br />m <br />Z3 <br />1 <br />o <br />r n <br />N <br />0` <br />raT <br />N <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2016 Nonh Broadwell <br />Grand I I ntl NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $1,000,000.00. <br />THIS DEED OF TRUST is dated August 20, 2003, among JOHN GUNDERSON and CAROL GUNDERSON; <br />HUSBAND AND WIFE ( "Trustor" ); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"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 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 Uf <br />Nebraska: <br />LOT THREE (3), LOCATED ON THE NORTH SIDE OF THE EAST PORTION OF KUESTER'S LAKE, HAVING <br />A LAKE FRONTAGE OF 46 FEET, AND BEING SITUATED ON A PART OF THE EAST HALF OF THE <br />SOUTHWEST QUARTER (E112SW1/4) OF SECTION THIRTEEN (13), TOWNSHIP ELEVEN (11) NORTH, <br />RANGE NINE (9), WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 29 KUESTER LAKE RD, GRAND ISLAND, NE <br />68801 -8609. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Borrower to Larder, or any one or more of them, as well as all clalms by Larder against Borrower or any one or more of them, whether now <br />existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, <br />direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower or Trustor may be liable <br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such <br />amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or <br />hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in <br />connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not <br />secure additional loans or obligations unless and until such notice is given. <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 Borrower, together with all interest thereon; however, in no event shall such future advances <br />(excluding Interest) exceed In the aggregate $1,000,000.00. <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 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, 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 />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF <br />EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED <br />m <br />m <br />C <br />E3 <br />lD <br />r�-1• <br />Ii <br />El <br />