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<br /> <br /> {i1 jlIIQ.. ~........~ ~ <br /> C'.:> C) (rJ <br />N aI ~ 0 --l 0 <br />is ~ ~, c: J> n:: <br />is ':- :z: --l N <br />OJ ~: n z ~ ~' c= --I f'T1 =0 <br />is % ~ 0 Z -< 0 f9 <br />0'1 !-!' ~>~ 0 <br />W "" I"'\) 0 .,., 0 .> <br />OJ I n en 0 ., <br />;tll\ % ., ;;~ CO en <br />N r <br /> 0 I f'T1 Z <br /> m -0 )> cn 0 <br /> m ::3 r ;;0 en <br /> 0 r )> Ul 51 <br /> 0 fft (j) <br /> -.t: ;:><; ~~ <br /> J> <br /> N .................... f"\)~ <br /> CD (j) <br /> en .2 <br /> 0 <br /> <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <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 $185,000.00. <br /> <br />THIS DEED OF TRUST is dated June 17, 2008, among UNIVERSAL BUILDERS; A NEBRASKA GENERAL <br />PARTNERSHIP ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br />Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br /> <br />~ <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 ri9hts, 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), PLEASANT VIEW FIFTEENTH SUBDIVISION, TO THE CITY OF GRAND ISLAND, HALL <br /> <br />COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 916 SUN VALLEY PLACE, GRAND ISLAND, NE <br /> <br />68801. The Real Property tax identification number is 400440946. <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 $185,000.00. <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 (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 />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 />