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<br />N <br /><Sl <br /><Sl <br />-....,J <br /><Sl <br />N <br /><Sl <br /><Sl <br />.J::>. <br /> <br /> <br /> <br />..'.,'....;;w <br />(~ <br />~'::;) <br />..::.:.:. <br /> <br />o (1") <br />o -~ <br />C J> <br />z--i <br />--in: <br /> <br />-<0 <br /> <br />0-" <br /> <br />'1z <br /> <br />::I: m <br />J> CD <br />,- ;;J:J <br />.J> <br />(J) <br />;.:: <br />J> <br />----- '--" <br /> <br /><.n <br />en <br /> <br />~f <br /> <br />o~ <br /> <br />--..] - <br />o:::S <br /> <br />~g <br />Dal <br />Cl:::J <br />...c.... <br />~ <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 $185,000.00. <br /> <br />THIS DEED OF TRUST is dated March 15, 2007, among UNIVERSAL BUILDERS; A PARTNERSHIP ("Trustor"); <br />Five Points Bank. whose address is North Branch, 2015 North Broadwell. Grand Island, NE 68803 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br />Box 1507. Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br /> <br /> <br />Q~ <br />In(/) <br />n:r <br />~ <br /> <br />,.. <br />C <br />~ <br />~ <br />I'TI <br />-I <br />=i <br />r- <br />rn <br />en <br />rn <br />:=0 <br />::: <br />("") <br />&l <br /> <br />. <br />!:R <br />c: <br />z <br />o <br />!-:') <br /> <br /> <br />""", , <br />........_.1,,"-, <br />;:u ~', <br /> <br />:;; >i: <br />o"'f <br />~ <br />o <br />r"'" <br />fn <br />CJ <br />(f) <br /> <br />=3 <br />= <br />= <br /> <br />f--4 <br />en <br /> <br />t(, <br />r;\) <br />~ <br />" <br />t-- <br /> <br />-u <br />::3 <br /> <br />_.,,:"- <br /> <br />\'J"'- <br />'J."- <br />", <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 relatin!! 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 TWO (2). EXCEPT THE EAST SIX FEET (6'), BLOCK FOUR (4), GLADSTONE PLACE. AN ADDITION <br /> <br />TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 2909 W LOUISE ST, GRAND ISLAND. NE 68801. <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 $185,000.00. <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 />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 /> <br /> <br />~~ <br />ncn <br /> <br /> <br />rz <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 68803 <br /> <br />N <br /> <br />N <br />f--4 <br />