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~~ <br /> <br />~ ~~ Mn <br />(7 <br />m ~ <br /> <br />m~ ~ o ~ ~ z <br />"~.~ n ~ ~ <br />~ ~~ rf ~ ~ <br /> <br />-` <br />~ ~ <br />~~ ~ <br />~ Q <br />~ <br />~~ <br />~~ <br /> ^_ m <br /> <br /> <br />_,,, ~,' _'~ <br />c x• <br /> <br />rya <br /> x ---+ ~ <br /> `~' ~ v <br /> p ~ -~ ~ <br />-,, w -~, ~ <br />Q ~ ~ ~, ° <br /> ~ ~ ~ c~ ~ <br />r,y <br />~ 3 <br />r- <br /> <br /> F--~ ~ w-" ~ <br /> A <br /> ~ <br /> ..G <br />~ <br /> <br /> ~ ~ <br />(Spac;e Above This Line For Recording Data) ~~~~~ <br />CONSTRUCTION SECURITY AGREEMENT <br />FUTURE. ADVANCES AND FUTURE. OBLIGATIONS ARE SECURED BY THIS REAL ESTATE DEED <br />OF 'I"RUST <br />This COMMF,RCIAL CONSTRUCTION REAL ESTATE DEF,D OF TRUST ("Security Tnstrument") is made on <br />February 19, 2010 by the grantor(s) Tommy L Umrnel Sr, A Single Person, whose address is 2423 W Old <br />Lincoln Hwy, Grand Island, Nebraska 68803 ("Grantor"). The trustee is TierOne Bank whose address is 1235 <br />'N' St / P.O. Box 83009, Lincoln, Nebraska 68501 ("Trustee"), The beneficiary is TierOne Bank whose address <br />is PO Bax 5018 / 700 N Webb RD, Grand Island, Nebraska 68802-5018 ("Lender"), which is organized and <br />existing under the laws of the United States of America. Grantor in consideration of loans extended by Lender up <br />to a maximum principal amount of Fifty Thousand and 00/100 Dollars ($50,000.00) ("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, with power of sale, the following described property located in the <br />Couuty of Hall, State of Nebraska; <br />Address: 136 N Carey, Grand Island, Nebraska 68803 <br />Legal Description: L,ot Five (5), Block Thirty Fight (38), in Packer and $arr's Second Addition to the City <br />of Grand Island, Hall County, Nebraska <br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, <br />tenements, hereditamenis, 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 (whether 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 stock 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 from any and all insurance payments, and timber which may now or later be located, situated, or <br />affixed on and used in connection therewith (hereinafter called the "Property"). <br />RELATED DOCUMENTS. The words "Related Documents" mean all pratnissory 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 whether now or hereafter existing. <br />The Related Documents arc hereby made a part of this Security Instrument by reference thereto, with the same <br />fierce and effect as if fitl ly set forth herein. <br />INDEBTEDNESS. This Security Tnstrument secures the principal amount shown above as may be 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 to Lender, howsoever created or arising, <br />whether primary, secondary or contingent, together with any interest or charges provided in or arising out of such <br />indebtedness, as well as the agreements and covenants of this Security Instrument and all Related Documents <br />(hereinafter all referred to as the "Tndebtedness"). <br />FUTURE ADVANCI±S. To the extent permitted bylaw, this Security Instrument will secure future advances as if <br />such advances were made on the date of this Security Instrument regardless of the fact that from time to time there <br />maybe no balance due under the note and regardless of whether Lender 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 AGREEMENT. This Security Instrument is made in conjunction with a Construction <br />Loan Agreement dated 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 fully 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: <br />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this <br />Security Instrument and Related Documents in accordance with the terms contained therein. <br />~ 20(14-2009 Cumplinnce Systems, Inc. P'CEE-9EE6 - 20(19,12.339 <br />Commercial Cmistructimr Security Inntrumcnt • DL4007 Pt.gc I of'S www,cnmplianccsysrems.com <br />