|
<br />
<br /> I~
<br /> c;:::::>> (") if> ~
<br /> 10 ~ C>
<br /> n~ c:o o -i
<br /> tR ~(r. ~. ::0 C:l> N
<br /> C z-i
<br /> Z O:J: ~~-f -0 -irn f!l 0
<br />() ~ :::c -<0
<br />:r: E c 0"'"Tl 0
<br />m ~ r'\J "'"Tlz :J>
<br />n ""T'\ en co
<br />~ :x: Cl r ::x: rq ~
<br /> f\ rl1 ::D )> [1) 0
<br /> rl1 :3 r :::0
<br /> 0 0 r )> r-v
<br /> (f) ~ (f> -J
<br /> f\ ~ :::>'" C
<br /> 0 l> :s:
<br /> 0 U1 -......... ~ en
<br /> ..- (f> co
<br /> c.ri :z
<br /> 0
<br /> SO
<br /> ~O'
<br /> FOR RECORDER'S USE ONLY
<br />
<br />N
<br />S
<br />IS
<br />0:>
<br />S
<br />N
<br />-...j
<br />(Jl
<br />0:>
<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />North Branch
<br />2015 North Broadwell
<br />Grand Island, NE 68803
<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 and HASTINGS
<br />
<br />VENTURES LLC, whose address is 429 INDUSTRIAL LN, GRAND ISLAND, NE 68803-5239 ("Trustor"); Five
<br />
<br />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 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 THREE (3), 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 4186 VERMONT AVE, GRAND ISLAND, NE
<br />
<br />68803-5239.
<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 rolated 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 (BI 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 />
|