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<br />WHEN RECORDED MAIL T0:
<br />Five Points Bank ~
<br />North Branch Sa „ 5
<br />2095 North Broadwell
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY
<br />FrvE Po-~rrs~ 6~rc
<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 $21,800.00.
<br />THIS DEED OF TRUST is dated October 5, 2009, among DANIEL J KENNEDY; A MARRIED PERSON and LORI
<br />S KENNEDY; HIS SPOUSE ("Trustor"1; Five Points Bank, whose address is North Branch, 2015 North
<br />Broadwell, Grand Island, NE 8$803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and FIVE POINTS BANK, whose address is 2015 N. BROADWELL AVE, GRAND ISLAND, NE
<br />68803 (referred to below 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 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 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") IOCeted in WALL
<br />County, State of Nebraska:
<br />LOT TWO (2-, WALTER'S SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 4040 CANNON RD, GRAND ISLAND, NE
<br />68803-1513.
<br />CROSS-COLLATERALIZATION. In addition to the Note; this DeecF of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor
<br />or any one or more of them, whether how existing or hereafter arising, whether related ar unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is
<br />required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other
<br />liabilities or obligations of Trustor to Lender, then this bead of Trust shall not secure additional loans or obligations unless and until such
<br />notice is given,
<br />FUTURE ADVANCES. In addition to the Nate, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in additicn
<br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $21,600.00.
<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 tc 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 (A) PAYMENT OF THE INDEBTEDNE55 AND IB1 PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />
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