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79-~ Utj41$~ IN THE DISTRICT COURT FOR THE ELEVENTH JUDICIAL DISTRICT IN AND FOR HALL COUNTY, NEBRASXA MISSOURI VALLEY CONSTRUCTION COMAPNY, INC. NOTICE OF LIS PENDENS -vs- SETAG, INC. AND DONALD E. SHINABERRY 4435 Caivi.n Dr. COMES NOW the Plantiff and for its causes of action alleges and avers as follows: FIRST CAUSE OF ACTION (1) That the Plantiff is a Nebraska Corporation with its principle place of business in Grand Island, Hall Co.uity Nebraska. That the Defendant Setag, Inc. is a Nebraska Corporation and that the Defendant Donald E. Shinaberry is a resident of Grand Island, Hall County Nebraska. {2) That Donald Shinabery is the principle stockholder and President of Setag, Inc. (3) That the Plantiff did provide services and material for the Defendant Setag, Inc. By providing 1485.7 square yards of asphalt surfacing at the Cavenee Building for a total of $6,314123. Its work was completed on or about 11-7-78. The Plantiff also provided 989 cubic yards of fill at $1.70 per unit for $1681.30; 36 Linearal feet of pipe at $1026.00; 4708 square yards of asphalt at $20,009.00 for a total of $22,716.30 with sa'_a work being done at the Praire Datsun Building. The work being completed 11-15-78. (4) That on February 5, 1479, the Plantiff at the request of Defendant Donald Shinabery did execute wavior of mechanic's lien on said projecton relieance of the Defendant Shinabery issueinq a check for the payment of both bills. The Defendant Shinabery advised Plantiff that out of the proceeds he received from the owner of said project he would pay the Plantiff. The checks were returned account closed and the Defendant Shinabery told Plantiff that he took the proceeds from the Cavenee project and the Praire Datsun project and applied said money on the purchase of two new metal buildings to be built on land owned by Shinabery. {5) The Plantiff alleges that any money the Defendant Shinabery received was held in constructibe trust for the Plantiff and-any investmgnts purchased from said proceeds be constructively held-for Plantiff. That the Defendant did invest its funds in the taetal buildings, That axe beind placed on Lot3, Warren Subd%vi.sian and So. 126` of the E 260' of Lot 6 Woodland 1st, all subdivisions in Ha?1 County, Nebraska.