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<br />WHEN RECORDED MAil TO:
<br />Five Points Bank
<br />North Branch
<br />2015 North Broadwell
<br />Grand Island, NE 68803
<br />
<br />J.uJ',~
<br />~J. oJ' CONSTRUCTION DEED OF TRUST
<br />~cf) THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />
<br />r
<br />
<br />.1\
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />45.50
<br />
<br />MAXIMUM LIEN. TH lien of this Deed of Trust shall not exceed at anyone time $280.0QQ.O..o~
<br />~ ~iM". f'
<br />THIS DEED OF TRUS is dated May 31. 2007. among RANDY KROLIKOWSKI. ROGER KROLIKOWSKI and
<br />
<br />MARCY KROLIKOWSKI hose address is 2808 STAGECOACH Pl. GRAND ISLAND. NE 68801 ("Trustor");
<br />
<br />Five Points Bank. whose address is North Branch. 2015 North Broadwell. Grand Island. NE 68803 (referred to
<br />
<br />below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points Bank. whose address is P.O
<br />
<br />Box 1507. Grand Island. NE 68802.1507 (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 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 relatinll 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 EIGHTEEN (18). WESTWOOD PARK EIGHTH SUBDIVISION. IN THE CITY OF GRAND ISLAND. HAll
<br />
<br />COUNTY. NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 320 BEACHWOOD DR. GRAND ISLAND. NE 68803.
<br />
<br />The Real Property tax identification number is 400420619.
<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 Borrower, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $280,000.00.
<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 />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />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
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />
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