|
<br /> IR 1 n
<br /> J""..:)
<br /> c ~ C') (j1 ~
<br /> c::::>
<br /> Q~ z ~ eo q,--'l <;:>
<br /> 0 ~ c:: l> r).)
<br /> ~,:" ""'d :z:-i
<br />N ~(n ~~ .....m :0
<br />G I ';::0 -< q
<br />G ;tIIIl;~ 0 (g
<br /> \ ~ ~
<br />Q:) I 0 0""'"
<br />G J ." -..J """'z a;
<br /> !
<br />N ,\ I t~ I m CO
<br />Q:) ,I 0 Z
<br />m ) ", t =n l> CO <;:>
<br /> \ m . :u en
<br />N i ) 0 ::3 r- ':r:-- N :d
<br /> I I (f) ~ en
<br /> 0 ::><; CO I
<br /> l> en
<br /> U1 --
<br /> -..J (J) N
<br /> u) ~
<br />
<br />
<br />
<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />North Branch P D 60/, j,.$" 0 'l
<br />2015 North Broadwell 'J
<br />Grand Island, NE 68803"-
<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 />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $165.000.00.
<br />
<br />THIS DEED OF TRUST is dated March 27. 2008. among STAROSTKA GROUP UNLIMITED and HASTINGS
<br />VENTURES LLC. whose address is 429 INDUSTRIAL LN. GRAND ISLAND. NE 68803-5239 ("Trustor"); Five
<br />Points Bank. whose address is North Branch. 2015 North Broadwell, Grand Island, NE 68803 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O
<br />Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee").
<br />
<br />~
<br />a
<br />~
<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 FIVE (5), WOODLAND PARK 6TH SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY.
<br />
<br />NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 4174 VERMONT AVE, 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 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 $165,000.00.
<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 />
|