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.~-- <br />~ , ,, <br />~ <br />~~ ~ m <br /> <br />~ ~ <br />"' <br />~, <br />~ ~ <br />~ ~ ca <br /> <br />~~ ~, ~ ~ <br /> <br />®~~ ~ z ~ ~~ ~ r,-, ~ <br />W~ ~N ~y ~ <br /> n ~ ~~ ~ ~ <br />~~ <br />~~~ ~ Z' ~ r~ <br />C~ U7 <br />~ CTS <br />~~ (. <br />" n ~ <br />~~~ 1 c~ -~ ~. <br /> I--- cn W <br /> cn Z <br />___.__- O <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Islar~dLN~ G8803 FOR RECORDER'S USE ONLY <br />FrvE P~- .,....__._ ~_ <br />NTS BANK -~ <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 />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 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 2015 N BROADWELL AVE, GRAND 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 fallowing 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 stack in utilities with ditch or irrigation rights; and all other rights, royalties, and profits relating to the real <br />property, including vvithout limitation all minerals, oil, gas, geothermal and similar matters, (the "'Real Property") located in HALL <br />County, State of Nebraska: <br />LOT SIX (61, WOODLAND PARK 7TW SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as 4167 VERMONT AVE, GRAND ISLAND, NE G8803. <br />CROSS-COLLATERALI2ATIDN. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, yr any one ar more of them, as well as all claims by Lender against Trustor yr 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 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 became otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Nata, this heed 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 Ivan to Trustor, together with all interest thereon; however, in no <br />event shall such future advances lexcluding 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, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS ANp 1B1 PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING TWE ASSIGNMENT OF <br />RENTS AND THE SEGURITY INTERESt IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF <br />TRUSTOR'S OBLIGATIONS UNDER THAT GERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN <br />