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NE 68803 <br /> <br />FOR RECORDER'S USE ONLY <br />,.- <br />--'\ ......, <br /> <br />\J'-- <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 $200,000.00. <br /> <br />THIS DEED OF TRUST is dated March 15, 2007, among UNIVERSAL BUILDERS; A GENERAL PARTNERSHIP <br /> <br />("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell. Grand Island, NE 68803 <br /> <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and FIVE POINTS BANK, whose <br /> <br />address is 2015 N BROADWELL AVE, GRAND ISLAND, NE 68803 (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 8S 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 />LOT THREE (3), BLOCK FOUR (4), GLADSTONE PLACE, AN ADDITION TO THE CITY OF GRAND ISLAND, <br /> <br />HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 2915 W LOUISE ST, GRAND ISLAND, NE 68801. <br /> <br />CROSS-COllATERAlIZATION. 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 $200,000.00. <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 IAI 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 IS GIVEN AND ACCEPTED ON THE <br />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 />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br /> <br />CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the <br />Uniform Commercial Code, as those sections have been adopted by the State of Nebraska. <br />