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~~ <br />~~ <br />~~~ <br />.~.. <br />~~ <br /> <br /> <br /> <br /> <br />'> cn <br /> <br /> <br /> <br /> <br />Tl <br />r <br /> <br />~ ~ <br />r~ ,. o --~ <br />C T„ c~ <br /> <br />N ~ <br />W <br />~ ~ ~ ~ ~ ~ ~ ~ ~ <br /> <br />~ ~ <br />C <br />n <br />a <br />c ~ <br />""' `` <br />~ v <br /> <br />Z <br />c:~ ca <br />~ ca <br />a <br />~ ~ <br />~^ n <br />= v ~ ~, <br />o (~~- , ~ <br />~ rn <br />~ <br />~ <br />~ <br />r^I~.~ ~ <br /> <br /> <br /> <br /> <br /> ~' z <br />- o <br />WWEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island. NE 688~~__. ________ __ _ __ FOR RECDRDER'S USE ONLY <br />FI VE PAINTS B~4NK - <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, 2095 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 Trustoe 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 rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") IOCated in HALL <br />County, State of Nebraska: <br />LOT FOUR (41 WOODLAND PARK 7TH SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as 4179 VERMONT AVE, GRAND ISLAND, NE 68803. <br />CROSS-COLLATERALIZATION. In addition to the Nate, 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 mare 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 ar not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated ar 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 became 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 Npte, 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 discretipn may loan to Trustor, together with all interest thereon; however, in no <br />event shall such future advances (excluding interestl exceed in the aggregate $145,000.00. <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 TD SECURE IA) PAYMENT OF TWE INDEBTEDNESS AND (B) PERFORMANCE DF 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 AN^ 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 />