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N ('5) ('5) -....j ('5) ('5) .j:::.. (]'I ->. r-..:> c::...> ~ ~ Q~ m en n:c "... 10 m ." c: Z nO )>~ en ::c ~ ~......~ ~~-~ "T1 c:> I'-L ~ r c...... ::::0 Z ....... 0:> U\ ~ ::n ::i to -J:: ....... WHEN RECORDED MAIL TO: Five Points Bank North Branch 2015 North Broadwell Grand Island, NE 68803 O(j) C> --i c::: ):> z--i --jm -<0 0""" "T1z :::c rn ):> CD r ::0 r- 1> Cf) ;>:;; l> -- (j) (/) ~I oar ~I ~~ FOR RECORDER'S USE ONLY DEED OF TRUST ,/S,5D MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $210.000.00. THIS DEED OF TRUST is dated January 16. 2007. among STAROSTKA HOMES INC ; A NEBRASKA CORPORATION AND HASTINGS VENTURES. LLC; A NEBRASKA LIMITED LIABILITY COMPANY ("Trustor"); Five Points Bank. whose address is North Branch. 2015 North Broadwell. Grand Island. NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank. whose address is P.O Box 1507. Grand Island. NE 68802-1507 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water 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 property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County. State of Nebraska: LOT FOUR (4). BLOCK FOUR (4). WOODLAND PARK 4TH SUBDIVISION. GRAND ISLAND. HALL COUNTY. NEBRASKA The Real Property or its address is commonly known as 2751 IDAHO AVE. GRAND ISLAND. NE 68803. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $210,000.00. 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 present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT. OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN. SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale.