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<br />N <br />S <br />IS <br />-....,J <br />IS <br />CD <br />S <br />N <br />-....,J <br /> <br /> <br />~ <br />t'-. <br />{f) <br /> <br />.Q ~ <br />m en <br />n:::t: <br />A <br /> <br />= <br />':-::l <br />-4 <br /> <br />N <br />N <br /> <br /> <br />.-.,.....,;,. <br />C;;> <br />r.= <br />~ <br /> <br />~ <br />." <br />c: <br />Qn~ <br />m )> ~,.-: <br />n <.<) <br />;:JIC:t <br /> <br />I <br /> <br />'- , <br />........1., <br />7.rJ '~\ '< <br />Pl F1- <br /> <br />~'~{-- <br /> <br />-'1 <br /> <br />0;:; d; <br />I-n <br /> <br />~ t <br /> <br /> <br />::D <br />::3 <br />I--" <br />1--' <br /> <br />l"'O <br />~ <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North BroadwlllI <br />Grand Island. NE 68803 <br /> <br />(") (0 <br />0....., <br />C::~ <br />Z -~ <br />-1m <br />-< c' <br />0-'-' <br />-"z <br />:r 1"'\ <br />):,. tn <br />j :::0 <br />.X> <br />U) <br />:;0:: <br />1> <br /> <br />"'"""""'.......... <br /> <br />(,R <br />(j) <br /> <br />o <br />N <br />o <br />o <br />--.J <br />C> <br />CD <br /><:=> <br />N <br />-.J <br /> <br />~ <br />a <br />~ <br />::r <br />g <br />I <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 />~ <br />~_. <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $250,000.00. <br /> <br />THIS DEED OF TRUST is dated September 14, 2007, among JIM l BUCK; A SINGLE PERSON and LINDA L <br />BUCK; A SINGLE PERSON ("Trustor"); Five Points Bank, whose address is North Branch. 2015 North <br />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 /> <br />CONVEYANCE AND GRANT. For valuablll considllration, Trustor conveys to Trustllll in trust, WITH POWER OF SALE. for thll bllnllfit of <br />Lendllr 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 />lOT SIX (6), AMERICAN INDEPENDENCE SUBDIVISION, IN THE CITY OF GRAND ISLAND. HALL <br />COUNTY. NEBRASKA <br /> <br />The Real Property or its address is commonly known as 4207 SHANNA ST, GRAND ISLAND, NE 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 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 $250,000.00. <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 IBI 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 />I p..P-t.. Co q ~ q ~ C,) <br />