|
<br />I\J
<br />C5)
<br />C5)
<br />0)
<br />C5)
<br />CD
<br />W
<br />+;:..
<br />......
<br />
<br />
<br />Q
<br />.
<br />:-
<br />
<br />
<br />>
<br />
<br />,:
<br />
<br />
<br />.-v~
<br />
<br />~
<br />m
<br />.."
<br />c:
<br />nnZ
<br />,;>~
<br />("')(1)
<br />"li:t
<br />
<br />OOr
<br />~-
<br />n:c
<br />'"
<br />
<br />'..'
<br />",.. '.
<br />;1:] t:,"
<br />('I..~
<br />~ ',.......
<br />
<br />'--""
<br />~.,;.:::.::Jo
<br />c:::,>
<br />'C>":>
<br />
<br />c.:::>
<br />::-::>
<br />-1
<br />
<br />f->
<br />CD
<br />
<br />(.j"'-)
<br />,
<br />(:~ .-;.t...
<br />--"'1
<br />
<br />
<br />"Ol..(
<br />C,')',.
<br />f:\
<br />fl
<br />~
<br />
<br />f->
<br />o
<br />
<br />:~,:)
<br />P'l
<br />1'1;
<br />CJ
<br />U)
<br />
<br />""T.l
<br />::3
<br />
<br />
<br />w
<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />North Branch
<br />2015 North Broadwell
<br />Gran Island NE 8803
<br />
<br />0(;1
<br />C) ~""'~
<br />C >'~
<br />Z --j
<br />~ n'
<br />......( (~~,.
<br />0--':
<br />"
<br />-,
<br />
<br />(:")
<br />
<br />;'.... L
<br />r- =:1:')
<br />I _
<br />Ul
<br />?;;
<br />l>
<br />
<br />-..........,
<br />
<br />(J)
<br />en
<br />
<br />C>
<br />N
<br />C)
<br />C>
<br />en
<br />c::>
<br />CD
<br />W
<br />-C
<br />........
<br />
<br />f
<br />~
<br />-
<br />::J
<br />[
<br />3
<br />CD
<br />a
<br />if
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />~
<br />~
<br />, ~>
<br />".
<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 $250.000.00.
<br />
<br />THIS DEED OF TRUST is dated October 18. 2006. among UNIVERSAL BUILDERS ; A PARTNERSHIP
<br />("Trustor"); Five Points Bank. whose address is North Branch. 2015 North Broadwell. Grand Island. NE 68803
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank. whose
<br />address is P.O Box 1507. Grand Island. NE 68802-1507 (referred 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 riJ:lhts, 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 />LOT ONE (1). BLOCK ONE (1) WOODLAND PARK SECOND SUBDIVISION. CITY OF GRAND ISLAND. HALL
<br />
<br />COUNTY. NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 4196 IOWA AVENUE. GRAND ISLAND. NE 68803.
<br />
<br />CROSS-COLLATERALlZATION. 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 $250,000.00.
<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 IBI 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 />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />
|