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fd <br />�, <br />M <br />T <br />C n <br />m CA ° b <br />-1 rn <br />z <br />rD <br />d <br />to <br />n <br />t t..t n " w <br />o -1 <br />oD <br />n N rn N 4 <br />w fn <br />.YCr„fj <br />rq <br />3 <br />r <br />N <br />2 <br />L <br />N <br />O rt <br />N <br />Z <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. <br />