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<br /> en
<br />
<br />
<br />WHEN RECORDED MAil TO:
<br />Five Points Bank
<br />"Your Hometown Bank"
<br />2015 N, Broadwell
<br />P,O, Box 1507
<br />Grand Island. NE 68802-1507
<br />
<br />51-dO
<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 $140,000.00.
<br />
<br />THIS DEED OF TRUST is dated December 19, 2006, among CAROL J STAUSS, A SINGLE PERSON; MARK J
<br />STAUSS, A MARRIED PERSON and TRACY l STAUSS. HIS SPOUSE ("Trustor"); Five Points Bank, whose
<br />address is "Your Hometown Bank", 2015 N. Broadwell, P.O. Box 1507. Grand Island, NE 68802-1507
<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 />CONVEY ANCE 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 />FRACTIONAL lOT EIGHT (8), IN FRACTIONAL BLOCK ONE HUNDRED ONE (101), IN KOENIG AND
<br />
<br />WIEBE'S ADDITION AND IT'S COMPLEMENT. FRACTIONAL LOT EIGHT (8), IN FRACTIONAL BLOCK ONE
<br />
<br />HUNDRED ONE (101), IN RAILROAD ADDITION. BOTH BEING ADDITIONS TO THE CITY OF GRAND
<br />
<br />ISLAND, HALL COUNTY, NEBRASKA. EXCEPTING THEREFROM THE NORTH 49.2 FEET THEREOF
<br />
<br />CONVEYED BY DEED RECORDED IN BOOK 89. PAGE 602
<br />
<br />The Real Property or its address is commonly known as 220 ELM ST. GRAND ISLAND, NE 68801.
<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; hOWBver, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $140,000.00.
<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 (AI 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 />
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