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<br /> <br />h <br />~~ <br />Ocn <br />"':::c <br /> <br />fa <br />c: <br />Z <br />o <br />~'I <br /> <br />/ t <br /> <br />I <br /> <br />2.....~ <br />p? '.'(1) <br />~:c <br /> <br /> :...,...~ <br /> cC:::">: C) U.l rra <br /> <:= <br /> '-"l -..;/ 0 --j a t <br /> r-) .... =.3 c: ""~ N <br /> ." z --j <br />;"-1 I- = -I rr1 <br />rn ,"-...:.". = a <br /><') .~- -< 0 <br />o I..'....~t- l--' 0 ., a ~ <br />..t'~ 0':) ., z <br /> t~: -:) <br />CJ :x:: '-'1 - <br />r'T"1 ~;' -0 1> UJ 0 ::s <br />f'T) ::3 r- ::D ~ <br />0 l r t"" N <br />U) Ul <br /> N ^ 0 3 <br /> 1> <br /> N -- c::> a <br /> ...... (f) 0':) <br /> (f) ~ <br /> FOR RECORDER'S USE ONI. Y <br /> <br /> <br />I\.) <br />C5l <br />C5l <br />-..J <br />C5l <br />I\.) <br />C5l <br />C5l <br />(j) <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 68803 <br /> <br />>0 <br />ClI <br />;; <br />:z <br />;;! <br />G') <br />rr1 <br />-t <br />=i <br />r- <br />rr1 <br />en <br />m <br />:::a <br />< <br />c=.; <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 />("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 />t"'"' ,.._, <br />\ <br />'. <br />~ <br />\ <br />~~~> <br />c' <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 relatinQ 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 FOUR (4), 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 2923 W LOUISE 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; 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 IB} 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 />