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Ret. Env.
<br />WHEN RECORDED MAIL TO: Z
<br />Five Points Bank 200501915
<br />West Branch
<br />2009 N. Dlers Ave.
<br />tl IN d NE Sa903 FOR RECORDER'S USE ONLY
<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 />THIS DEED OF TRUST is dated February 28, 2005, among STEPHEN R WHEELER and DARLENE F
<br />WHEELER; Husband and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers
<br />Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br />and Five Points Bank, whose address Is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as
<br />"Trustee ").
<br />CONVEYANCE AND GRANT. For Valuable consideration, Truster conveys to Trustee In beef, WITH POWER OF SALE, for the Wheat of
<br />Lender as Beneficiary, all of Trustor's night, his, and interest in and to the following described real property, together with all existing or
<br />subsequently arecteo w aaaed buildings, improvements and futures: all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch nights (Including stock in utilities with ditch or Irrigation rights): and all other rights, royalties. and profits relating to the real propBerly includin
<br />without limitation all minerals. oil, gas, geothermal and similar matters, (the "Real Property ") located In Hell Cou9 hate of
<br />Nebraska:
<br />The West Half of the Southeast Quarter (W112SE1/4) and the West Half of the Southeast OUarter of the
<br />Southeast Quarter (Wt/2SE1 14SE1 /4) of Section Four (4), Township Ten (10) North, Range Ten (10), West
<br />of the 6th P.M., Hall County, Nebraska.
<br />The Real Property or its address Is commonly known as 5424 W Wildwood Drive, Grand Island, NE 68803.
<br />Truster presently assigns to Lender (also known as Beneficlary In this Dead of Trust) all of Trustor's right, title, and interest In and to all present
<br />and future leases of the Properly and all Rents from the Property. In addition, Trusts grants to Lender a Uniform Commercial Code security
<br />Interest In the Personal Properly and Rent.
<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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise proNded in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this
<br />Dead of Trust as they become due, and shall strictly and In a timely manner perform all of Tmstor's Obligations under the Note, this Deed of Trust,
<br />and the Related Documents.
<br />CONSTRUCTION MORTGAGE. This Dead of Trust Is a "construction mortgage" for the purposes of Sections 9-334 and 2A -309 of the Uniform
<br />Commercial Code, as those sections he" been adopted by the State of Nebraska.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truslor's possession and use of the Property shall be governed
<br />by the following prodslons:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2)
<br />use, operate or menage the Property; and (3) collect the Rents from the Property.
<br />Duly to Maintain. Trustor shall maintain the Property In good condition and promptly perform all repairs. replacements, and maintenance
<br />necessary to preserve its value.
<br />Compliance With Environmental Lewis. Trustor represents and warrants to Lender that: (1) During the period of Trustees ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been,
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<br />WHEN RECORDED MAIL TO: Z
<br />Five Points Bank 200501915
<br />West Branch
<br />2009 N. Dlers Ave.
<br />tl IN d NE Sa903 FOR RECORDER'S USE ONLY
<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 />THIS DEED OF TRUST is dated February 28, 2005, among STEPHEN R WHEELER and DARLENE F
<br />WHEELER; Husband and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers
<br />Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br />and Five Points Bank, whose address Is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as
<br />"Trustee ").
<br />CONVEYANCE AND GRANT. For Valuable consideration, Truster conveys to Trustee In beef, WITH POWER OF SALE, for the Wheat of
<br />Lender as Beneficiary, all of Trustor's night, his, and interest in and to the following described real property, together with all existing or
<br />subsequently arecteo w aaaed buildings, improvements and futures: all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch nights (Including stock in utilities with ditch or Irrigation rights): and all other rights, royalties. and profits relating to the real propBerly includin
<br />without limitation all minerals. oil, gas, geothermal and similar matters, (the "Real Property ") located In Hell Cou9 hate of
<br />Nebraska:
<br />The West Half of the Southeast Quarter (W112SE1/4) and the West Half of the Southeast OUarter of the
<br />Southeast Quarter (Wt/2SE1 14SE1 /4) of Section Four (4), Township Ten (10) North, Range Ten (10), West
<br />of the 6th P.M., Hall County, Nebraska.
<br />The Real Property or its address Is commonly known as 5424 W Wildwood Drive, Grand Island, NE 68803.
<br />Truster presently assigns to Lender (also known as Beneficlary In this Dead of Trust) all of Trustor's right, title, and interest In and to all present
<br />and future leases of the Properly and all Rents from the Property. In addition, Trusts grants to Lender a Uniform Commercial Code security
<br />Interest In the Personal Properly and Rent.
<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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise proNded in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this
<br />Dead of Trust as they become due, and shall strictly and In a timely manner perform all of Tmstor's Obligations under the Note, this Deed of Trust,
<br />and the Related Documents.
<br />CONSTRUCTION MORTGAGE. This Dead of Trust Is a "construction mortgage" for the purposes of Sections 9-334 and 2A -309 of the Uniform
<br />Commercial Code, as those sections he" been adopted by the State of Nebraska.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truslor's possession and use of the Property shall be governed
<br />by the following prodslons:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2)
<br />use, operate or menage the Property; and (3) collect the Rents from the Property.
<br />Duly to Maintain. Trustor shall maintain the Property In good condition and promptly perform all repairs. replacements, and maintenance
<br />necessary to preserve its value.
<br />Compliance With Environmental Lewis. Trustor represents and warrants to Lender that: (1) During the period of Trustees ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been,
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