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~~ <br />~~ <br />~~. <br />r~ <br />~~ <br />~ .. <br />~ .~.~.. <br />m ~-~ <br />m <br />~ ..llwr^. <br />~ --~~~ <br />.~ ---~ <br />~~ <br />~~ <br />~^ <br />.^1~1~ <br />~~ <br /> n <br /> <br /> <br /> z ~_ <br /> <br />n <br /> v <br /> ~ N <br /> <br />n <br />~c = ~ <br /> C>•~ <br /> ,-,, <br />~' --i <br /> <br />~ ~= m <br /> ~ +' <br />C> a r <br />C7 <br />~ ~ <br />~' v <br />~ <br /> ~ r*, to <br /> ~ ~ ~~ ~ z <br /> ~ ~p ~ <br /> I'" ~ ~„ c <br /> v, ....:: c,~ ~ <br /> <br /> to <br /> 2 <br /> O <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2095 North 8roadwell <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />FrvE Poirvrs 8~41'VK ~ <br />~~ <br />a <br />CONSTRUCTION DEED OF TRUST <br />THI$ 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 $145,000.00. <br />THIS DEED OF TRUST is dated June 5, 2009, among HASTINGS VENTURES LLC; A NEBRASKA LIMITED <br />LIABILITY COMPANY ("Trustor"1; 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"1; and FIVE <br />POINTS BANK, whose address is 2015 N. BROADWELL AVE, GRANT] ISLAND , NE 68803 (referred to below <br />as "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 rightsl; and all other ri hts, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, It~e "Real Property") IpCated in HALL <br />County, State of Nebraska: <br />LOT ONE 11-, WOODLAND PARK 7TH SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />The Real Property ar its address is commonly known as 4197 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 to 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 or 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 pr 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 />FUTURE ADVANCES. In addition to the Note, this Desd of Trust secures all future advances made by Lender to Trustor whether pr nqt 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 5145,000.00. <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 />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, I5 GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND IBl 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 Ot^ <br />RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SEGURE ANY ANp ALL OF <br />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN GONSTRUGTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN <br />