|
<br />~ ~~
<br />
<br />N ~
<br />m ~
<br />n
<br />Z r17
<br />A v;
<br />~
<br />~
<br />~ r_;,_
<br />c.~- ~ a
<br />~ ~ ~, -wi
<br />tT9
<br />m 2 ~ 7C c
<br />"= ~ ~ trrl
<br /> ~ ~
<br />~ >< x cca
<br />I~....I~. a ~` ~ ,~ cn
<br />
<br />
<br />
<br />
<br /> c~ ~ cry ~
<br /> ~.
<br />.....rlrrsi. c7 V ~- ~' rrf
<br /> 7V ~ GJ i
<br />
<br /> Z
<br />- --- O
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />North Branch
<br />2095 North Broadwell
<br />Grand Islan NE 8 03 FOR RECORDER'S USE N Y
<br />FI VE LINTS in/y"I!t ~i~ -~
<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 5260,000.00.
<br />THIS DEED OF TRUST is dated June 5, 2009, among STAROSTKA GROUP UNLIMITED INC; A NEBRASKA
<br />CORPORATION ("Trustor"-; Five Points Bank, whale address is North Branch, 2015 North Broadwell, Grand
<br />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, 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 tixtures; 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, Stat® of Nebraska:
<br />LOT EIGHT (81, BLOCK TWO (21, WOODLAND PARK 2ND SUBDIVISION, CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 4180 MICHIGAN 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, yr 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 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 />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 Dead 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 5260,000.00.
<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 IAI PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY ANp ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST, THIS PEED OF TRUST, INCLUDING THE ASSIGNMENT OF
<br />RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, 15 ALSb GIVEN TO SECURE ANY AND 'ALL OF
<br />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN
<br />
|