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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
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<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />~1'S-O
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $570,000.00.
<br />
<br />THIS DEED OF TRUST is dated July 17, 2007, among COPPER CREEK ESTATES-GRAND ISLAND, L.L.C., A
<br />NEBRASKA LIMITED LIABILITY COMPANY ("Trustor"); Five Points Bank, whose address is North Branch,
<br />2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802.1507 (referred
<br />to below as "Trustee"),
<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 relating to the real
<br />property, including without limitation all minerals. oil, gas, geothermal and similar matters. (the "Real Property") located in HALL
<br />County, State of Nebraska:
<br />
<br />LOTS 88, 87, 94, 55 AND 56, COPPER CREEK ESTATES SUBDIVISION, GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 4310 LOVEGRASS DRIVE, 4309 ASTER DRIVE, 322
<br />BUFFALO GRASS DRIVE, 303 BUFFALO GRASS DRIVE, 221 BUFFALO GRASS DRIVE, GRAND ISLAND, NE
<br />68803,
<br />
<br />CROSS-COLLATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations. debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lender, or anyone or more of them, as well as all claims by Lender against Borrower and Trustor
<br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note. whether
<br />voluntary or otherwise, whether due or not due, direct or indirect. determined or undetermined. absolute or contingent. liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise. and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay 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 Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation. this Deed of Trust secures. in addition
<br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $570,000.00.
<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 (A) 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 />
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