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Q~ m VI 0% ,.;; ai c: () Z ~~~ nCA 1C;:C ~ . I, I .; I; ;\ ;'1 N IS) IS) <0 IS) N ,J:::.. ,J:::.. tT1 C)i KtJ b~ L iYlda D, WHEN RECORDED MAIL TO: Five Points Blink P l..' I!J..uf South Branch 3111 W. Stolley Pk. Rd. Grand Island. NE 68801 IS' () 7 (, N'()2. FIVE PoINTS BANK r-..;. m c.::. (') (j) ~ 0 :z ....... co O-i rri r~ c:::t> N :D ::z-i :D ;:0 -0 -im 0 :::0 m rn~ -<0 0 ~~- 0"" 0 :r> c..J .." z: CD U) ~ 0 ~ :x: m Z m " :P- m 0 ~ rn l ::3 I :::0 N. 0 I po :0 (/) (j) ...c c: ~ ;::><: :5: :P- ...c m c..J ~",,,"-,,,, ~ c..J (fJ U1 00 Z 0 t.j tJ ' 5"'0 FOR RECORDER'S USE ONLY CONSTRUCTION DEED OF TRUST THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $75.000.00. THIS DEED OF TRUST is dated March 21. 2009. among CLAYTON JOSE FRIESEN and ANGELA L FRIESEN; HUSBAND AND WIFE ("Trustor"); Five Points Bank. whose address is South Branch. 3111 W. Stolley Pk. Rd.. Grand Island. NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and FIVE POINTS BANK. whose address is POBOX 1507. GRAND ISLAND. NE 68802 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For vlllullble consideration. Trustor conveys to Trustee in trust. WITH POWER OF SALE. for the benafit of landar liS BanefichlrY. all of Trustor's right. title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County. State of Nebraska: LOT TWENTY TWO (22). MORNINGSIDE ACRES THIRD SUBDIVISION. IN THE CITY OF GRAND ISLAND. HALL COUNTY. NEBRASKA The Real Property or its address is commonly known as 2503 RIVERVIEW DR. GRAND ISLAND. NE 68801. FUTURE ADVANCES. In addition to the Note. this Deed of Trust secures all future advances made by lender to Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $75,000.00. 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 present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND All OBLIGATIONS UNDER THE NOTE. THE RElATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOllOWING TERMS; PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of Nebraska. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: