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~~ ~ <br /> <br />~.... ~...~f <br />~ ~, <br /> ,:, <br />~ <br />,~ <br />~ ~~ <br />~ ~~ <br />m ~ rya <br /> <br />~ <br />W ~~ <br />s ~^ <br />~.• <br />W ~~ , <br />~~ ~„ <br /> ,a~;: <br />~^ ~:`~ <br />~...~ r"r'f <br /> <br /> <br /> rn to <br /> ~ <br /> ~ ~ ~ c~ <br /> ~y c n <br /> ~ ~ ~ tU <br /> ~ <br /> ~ <br /> c~ ~ <br /> ~ F-~ c~ "n h-+ <br /> Ow -n ~ C~ <br /> tJ ~ rn <br /> ~ <br />~ A ~:~ (',~ <br /> r*~ ~ t"" ~ <br /> ~ r n G~J <br /> <br /> <br /> ~ ST7 <br /> Cam] .__. <br /> ~ cn W <br /> Z <br />v <br />N <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island. NE 68803 F.OR RECORDER'S USE ONLY <br /> <br /> <br />m <br />m <br />l7 <br />A <br />C/] <br />~' <br />G7 <br />f°~'7 <br />rivt ru~N~~ a,~w-c -~ <br />0 <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 May 7, 2010, among CURTIS R CELLAR and RICHELLE J CELLAR; HUSBAND <br />AND WIFE ("Trustor"1; Five Points Bank, whose address is West Branch, 2009 N, Diers Ave., Grand Island, NE <br />6$803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and FIVE POINTS BANK, <br />whose address is 2015 N BROADWELL, GRAND ISLAND, NE 6$803 (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; ail 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°) Ipeated in WALL <br />County, State of Nebraska: <br />Lots Five 151 and Six 16), Block Eight (81, Sterling Estates Subdivision, in the City of Grand Island, Hall <br />County, Nebraska <br />The Real Property or its address is commonly known as 2015 & 2021 EBONY LANE, 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 Lander, 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 ar unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not duo, 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 or hereafter may become otherwise unenforceable. <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 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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IA1 PAYMENT OF THE INDEBTEDNESS AND 161 PERFORMANCE OF ANY AND ALL OBIIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED pN 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 es they become due, and shall strictly end in a timely manner perform ail of Trustor's obligations under the Nata, 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 THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />a .. <br />7C = <br />