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<br /> <br />~ <br /> <br />C''e d'Z r-s <br />c7 u~ <br />o --~ <br /> <br />'a <br />IT'i <br />~ <br /> <br /> <br />N ~ <br />.~~ <br />Z [~ ~ . =U c~ ~ m <br />C~ ~ <br /> ~ rn ~ ~ ~ ~ <br /> <br />~ <br />= v <br />~ <br />_ <br />' <br />~ r <br />n N <br />y ~ <br />- ; °~ ~ v <br />~ n ~ <br />~~~ `n <br />w~ m "'L7 <br /> <br /> ~ rv n u-1 <br /> <br />ct~ ~ <br /> <br /> c:a ~ cra <br /> ~ <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2095 North Broadwell <br />r Island NE 68$03 FOR RECORDER'S USE ONLY <br />F-vE Poin-rs Ban-K <br />a <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 />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time S 145,000.00. <br />THIS DEED OF TRUST is dated June 5, 2009, among STAROSTKA GROUP UNLIMITED INC; A NEBRASKA <br />CORPORATION ("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 <br />POINTS BANK, whose address is FIVE POINTS BANK, GRAND ISLAND, NE 68803 (referred to below as <br />"Trustee"). <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 />County, State of Nebraska: <br />LOT FIVE 151, WOODLAND PARK 7TH SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as 49 73 VERMONT AVE, GRAND ISLAND, NE 68803. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor tp Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one 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 ar indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether pbligated 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 pr hereafter may become otherwise unenforceable. <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 Truster, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $145,000.QO. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustpr's right, title, and interest in and to all <br />present and future leases pf the Prpperty and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE AS5IGNMENT 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 />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN <br />