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NE 68803 <br /> <br />200807407 <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 $225,000,00, <br /> <br />THIS DEED OF TRUST is dated August 25, 2008, among JIM L BUCK; A SINGLE PERSON and LINDA L BUCK; <br />A SINGLE PERSON ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, whose address is P,O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br /> <br />~ <br />C!.-_~ <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 relatin!l 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), AMERICAN INDEPENDENCE SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br /> <br />COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 4211 SHANNA ST, GRAND ISLAND, NE 68803. The <br /> <br />Real Property tax identification number is 400417960. <br /> <br />CROSS-COLLATERALIZATION. 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 $225,000.00. <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 IB) 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 />