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<br />N <br />S <br />S <br />ex:> <br />o <br />N <br />-.....j <br />()l <br />(J) <br /> <br /> <br />i'a <br />~ <br />! <br />~...~ ~ <br />nc.n <br />;iJlIIiX <br /> <br />09 <br />~...~ <br />"" <br /> <br />:0 <br />-0 <br />::;0 <br /> <br />,......, <br />c~ <br />c~ <br />c:o <br /> <br /> <br />'-,." <br />""""" <br />~ ~;.. <br />~C{- <br />i ~t! <br />IT' <br />CJ <br />V> <br /> <br /> <br />\ . <br /> <br />f') <br /> <br /> <br />:D <br />::3 <br />I-" <br />o <br />...c <br />c.J1 <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Islllnd. NE 68803 <br /> <br />C') (fJ <br />0-4 <br />cl'*' <br />:z~ <br />-irTJ <br />-<0 <br />O~ <br />"'"T1z <br />::1:'" <br />)>(0 <br />r- ::0 <br />r J.... <br />(f) <br />::><: <br />:t> <br />...................... <br /> <br />(f) <br />U'J <br /> <br />C) <br />f') <br />o <br />o <br />CO <br />c> <br />N <br />-..] <br />U1 <br />en <br /> <br />rn <br />~ <br />:D <br />E9 <br />in <br />2: <br />~ <br />c: <br />s:: <br />~ <br />~ <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />5o.SD <br /> <br />CONSTRUCTION DEED OF TRUST <br /> <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 26, 2008, among STAROSTKA GROUP UNLIMITED, A NEBRASKA <br /> <br />CORPORATION and HASTINGS VENTURES LLC; A NEBRASKA LIMITED LIABILITY COMPANY ("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 />CONVEY ANCE AND GRANT. For vlllUllble 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 /> <br />County, State of Nebraska: <br /> <br />LOT TWO (2), WOODLAND PARK SIXTH SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, <br /> <br />NEBRASKA <br /> <br />The Real Property or its address is commonly known as 4192 VERMONT AVE, GRAND ISLAND, NE 68803. <br /> <br />CROSS-COLLATERALlZATlON. 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 $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 (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 OF <br />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 />