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<br />WHEN RECORDED MAIL TO:
<br />Minneapolis Loan Ops Center
<br />Ann: Collateral Prooeasing - Rep III
<br />730 2nd Ave. South Suite TWO
<br />FOR RECORDER'S
<br />USE
<br />ONL '`
<br />MI IV MN 55479
<br />�\j
<br />200007088711100235
<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 $480,000.00.
<br />THIS DEED OF TRUST is dated September 4, 2003, among Denny D. Harkins and Lori A. Harkins, husband
<br />and wife, whose address is 2511 Riverside Drive, Grand Island, NE 68801; ("Trustor"); Wells Fargo Bank
<br />Nebraska, National Association, whose address is Grand laland -Main, 304 W 3rd St, Grand Island, NE 68801
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Wells Fargo Financial National
<br />Bank, whose address is 1919 Douglas Street, Omaha, NE 68102 (referred to below as "Trustee'1.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor convoys to Trustee in trust. WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary. all of Trustor's right, tine, and interest in and 10 the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all Assistance, rights of way, and appurtenances; all water, watar
<br />rights and ditch rights (including stock in utilities 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, geothermal and similar matters, (the "Real Property') located in Hell
<br />County, State of Nebraska:
<br />Lot Four (4), in Block One (1). in Ponderosa Lake Estates Fourth Subdivision, an Addition to the City of
<br />Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 302 Ponderosa Drive, Grand Island, NE 68803. The
<br />Real Property tax identification number is 400384280
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Dead 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 Dead of Trust, Trustor shall pay to Lender all amount. secured by
<br />this Deed of Trust as they became due, and shall strictly and in a timely manner perform all of Trustor 'a obligations under the Note, this
<br />Deed of Truaq and the Related Documents.
<br />CONSTRUCTION MORTGAGE. This Deed at Trust Is a 'construction mortgage- for the purposes of Sections 9 -334 and 2A -309 of the
<br />Uniform Commercial Coda, as those sections have been adopted by the State of Nebraska.
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