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~~. <br />~~ <br />~^ <br />~~ ~ ~ m <br /> <br />...~ Z ;F:: ,~., ~ N <br />w <br />to <br />~ <br />n v <br />~ <br />~~ <br />-~ <br />~ ~ <br />© <br />v <br /> <br />C7' ~ _ ~ <br />~~. m n <br />a t~ n <br /> `ti c <br />n c <br />~~ rn r- 3s ~, ~ <br />rr~ c,, vi ~ <br />~"""' n ° m <br /> <br />__. ~'° z <br /> ~ cx~ <br /> O <br />WHEN RECORDED MAIL TO: <br />Five Points Bank .,, <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island NE 68803 - FOR D ' <br />FIVE P4-NTS BANK ~. <br />~~ <br />CONSTRUCTION DEAD OF TRUST <br />THIS DEED OF TRUST 15 A CONSTRUCTION SECURITY AGREEMENT <br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT <br />THIS DEED OF TRUST is dated April 28, 2010, among DENNIS BRUNS and ANN BRUNS; Husband and Wife <br />("Trustor"-; Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE (8803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and Five Points Bank, whose <br />address is P.0 Box 1507, Grand Island, NE 6$802-1507 (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 Trustar'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 rightsl; 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") located in HALL <br />County, State of Nebraska: <br />Lot Eighteen 1181, American Independence Subdivision, in the City of Grand Island, Wall County, Nebraska <br />The Real Property or its address is commonly known as 1315 INDEPENDENCE AVE, GRAND ISLAND, NE <br />68803. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />- thereon,'of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined ar undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be ar hereafter may become otherwise unenforceable. <br />Trustor presently assigns to Lander (also known as Beneficiary in this peed pf 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 to 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 PER50NAL <br />PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNE55 AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED pF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Truator's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the <br />Uniform Commercial Code, as those sections have been adopted by the State of Nebraska. <br />P055ESSION AND MAINTENANCE OF TWE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />