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<br />113 <br />:- <br />E; <br />I <br /> <br /> <br /> '"'" I <br /> c::" (") (f) <br /> CO;:) <br /> ~ oZ ~, c::r.. 0'"'-1 0 <br /> m ::x: /1 =3 C:l> <br /> "TI :u ~" Z'"'-1 N <br /> c: m un.... I"Tl ;.. = '"'-1rT1 <br /> n:J: = <br />n z X ~ '~f~ -<0 c.::> 2: <br />:c ~ 0 N o ., 0 <br />m 0 -'-1 "2: <br />n (I) .s: 0 r ::I: IT) en 3" <br />;i"Ii; :z:: \5\ I"Tl -0 ~ co I <br /> rTl :::3 r- ;;u c.::> <br /> - 0 <br /> ~ (n I~ ........ <br /> ...:: (.I) <br /> ,j ^ co <br /> l> <br /> ........ -- N ~ <br /> co <:n 2 <br /> (/) w <br /> ('" <br /> <br />N <br />e <br />e <br />0') <br />e <br />....... <br />CX) <br />N <br />W <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Broadwell <br />P.O. BOl( 1507 <br />Grand Island, NE 68802- 1507 <br /> <br />FOR RECORDER'S USE ONLY <br /> <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 /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $130,000.00. <br /> <br />THIS DEED OF TRUST is dated March 2, 2006, among CAROL J STAUSS, A SINGLE PERSON; MARK <br />STAUSS and TRACY L STAUSS, HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is "Your <br />Hometown Bank", 2015 N. Broadwell, P.O. Box 1507, Grand Island, NE 68802-1507 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box <br />1507. Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br /> <br />~ <br />~S" <br />,.' '~ <br /> <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 relatinQ to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br /> <br />County, State of Nebraska: <br /> <br />LOT THIRTY TWO (32) COUNTRY MEADOWS SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, <br /> <br />HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 4110 SUNRIDGE LN, GRAND ISLAND, NE 68803. <br /> <br />CROSS-COLLATERALlZATlON. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or anyone or more of them, as well as all claims by Lender against Trustor or anyone or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. <br /> <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 $130,000.00. <br /> <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 /> <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 />