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<br />WHEN RECORDED MAil TO:
<br />Five Points Bank
<br />North Branch
<br />2015 North Broadwell
<br />Grand Island, NE 68803
<br />
<br />50,50
<br />
<br />FOR RECORDER'S USE ONLY
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<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 $2,000,000.00.
<br />
<br />THIS DEED OF TRUST is dated August 2, 2006, among COPPER CREEK ESTATES-GRAND ISLAND, l.l.C., A
<br />
<br />NEBRASKA LIMITED LIABILITY COMPANY ("Trustor"); Five Points Bank, whose address is North Branch,
<br />
<br />2015 North Broadwell. Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />
<br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507. Grand Island, NE 68802-1507 (referred
<br />
<br />to below as "Trustee").
<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 relating 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 />A TRACT OF LAND COMPRISING THE NORTHWEST QUARTER (NW1I4) OF SECTION TWENTY-THREE
<br />(23), TOWNSHIP ElEVEN (11) NORTH. RANGE TEN (10) WEST OF THE 6TH P.M., IN HALL COUNTY.
<br />NEBRASKA. EXCEPTING THEREFROM THE FOLLOWING PARCElS:
<br />
<br />ALL OF M AND M SUBDIVISION, LOCATED IN PART OF THE NORTHWEST QUARTER OF THE
<br />NORTHWEST QUARTER (NW1/4 NW1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP ElEVEN (11)
<br />NORTH. RANGE TEN (10) WEST OF THE 6TH P.M.. IN HALL COUNTY, NEBRASKA; AND
<br />
<br />ALL OF MEYER'S SUBDIVISION. LOCATED IN PART OF THE NORTHEAST QUARTER OF THE
<br />NORTHWEST QUARTER (NE1/4 NW1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP ElEVEN (111
<br />NORTH, RANGE TEN (10) WEST OF THE 6TH P.M, IN HALL COUNTY. NEBRASKA; AND
<br />
<br />THE EASTERLY THIRTY-FIVE (35) FEET OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST
<br />QUARTER (E1/2 E1/2 NW1/41 OF SECTION TWENTY-THREE (23). TOWNSHIP ElEVEN (11) NORTH.
<br />RANGE TEN (10) WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as OLD POTASH ROAD AND ENGLEMAN ROAD.
<br />GRAND ISLAND, NE 68803. The Real Property tax identification number is 400200910.
<br />
<br />CROSS-COLLATERALlZATlON. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lender, or anyone or more of them, as well as all claims by Lender against Borrower and Trustor
<br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter mily become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
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