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<br />LOAN NUMBER: 0150293573
<br />(Space Abovc'I'his Line For Recording Data)
<br />CONSTRUCTION SECURITY AGREEMENT
<br />1+IJ"I'URl!: ADVANCES AND FIJT[JRE OBLIGATIONS ARE, SECURED BY THIS REAL ESTATE DF,ED
<br />qF TR[JS'1'
<br />This COMMERCIAL CONSTRUCTION REAL ESTATE DEED OF TRUST ("Security Instrument") is made on
<br />July 28, 2009 by the grantor(s) Joseph M Brown, Husband, whose address is 2807 Engleman Rd, Grand Island,
<br />Nebraska 68803 ;and Lori .I Brown, Wife, whose address is 2807 Engelman Rd, Grand Island, Nebraska 68803
<br />("Grantor"). The trustee is TierOne Bank whose address is 1235 'N' St / P.O. Box 83009, Lincoln, Nebraska
<br />68501 ("°frustee"). "the beneficiary is TierOnc Bank whose address is PO Box 5018 / 700 N Webb RD, Grand
<br />Island, Nebraska 68802-5018 ("bender"), which is organized and existing under the laws of United States of
<br />America. Grantor in consideration of loans extended by Lender up to a maximum principal amount of Four
<br />Ilundred Twenty-five Thousand Six Hundred and 00/100 Dollars ($425,600.p0) ("Maximum Principal
<br />Indebtedness"), and for other valuable consideration, the receipt of which is acknowledged, irrevocably grants,
<br />conveys and assigns to "trustee, in trust, wiih power of sale, the following described property located in the
<br />County of Ilall, State of Nebraska:
<br />Legal Description: Lot 7~wo (2), Platte Valley Industrial Park Sixth Suhdivision, in the City of Grand
<br />island, Ilall County, Nebraska.
<br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures,
<br />tenements, hereditamcnts, equipment, rents, income, profits and royalties, personal goods of whatever description
<br />and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or
<br />otherwise), water rights (whcthcr riparian, appropriate or otherwise, and whether or not appurtenant to the above-
<br />described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites,
<br />storage rights, dams and water stack that may now, or at any time in the future, be located on and/or used in
<br />connection with the above-described real property, payment awards, amounts received from eminent domain,
<br />amounts received ti•om any and all insurance payments, and timber which may now or later be located, situated, or
<br />affixed on and used in connection therewith (hereinafer called the "Property").
<br />RI~LATED DOCUMI?N'I'S. The words "Related Documents" mean all promissory notes, security agreements,
<br />prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions,
<br />guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other
<br />documents or agreements executed in connection with this Security Instrument whcthcr now or hereafter existing.
<br />The Related Documents are hereby made a part of this Security Instrument by reference thereto, with the same
<br />force and effect as if fully set forth herein.
<br />INI)I13TEDNESS. This Security Instrument secures the principal amount shown above as maybe evidenced by a
<br />promissory note or notes of even, prior or subsequent date hereto, including future advances and every other
<br />indebtedness of any and every kind now or hereafter owing from Grantor and Doc Holiday Express Company to
<br />Lender, howsoever created or arising, whether primary, secondary or contingent, together with any interest or
<br />charges provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security
<br />Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness").
<br />FU'I'CJI21 ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as i1'
<br />such advances were made on the date of this Security Instrument regardless of the fact that from time to time there
<br />may be no balance due under the note and regardless of whcthcr Lcndcr is obligated to make such future advances.
<br />CROSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collateralize all of its
<br />Indebtedness and obligations to Lender, howsoever arising and whensoever incurred,
<br />CONSTRUCTION LOAN AGI2EF.MENT. This Security Instrument is made in conjunction with a Construction
<br />Loan Agreement datcLi the same date as this Security Instrument and is subject to all of the provisions of the
<br />Construction Loan Agreement as if those provisions were fillly set forth in this security Instrument and made a part
<br />of it.
<br />WARRANTIES. Grantor, for itself; its heirs, personal representatives, successors, and assigns, represents,
<br />warrants, covenants and agrees with Lender, its successors and assigns, as follows:
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