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<br />WHEN RECORDED MAIL TO:
<br />Five Paints Bank
<br />North Branch
<br />2015 North Broadwell
<br />Grand Island, NE 68803 _ _ _ FOR RECORDER'S USE ONLY
<br />FIVE POINTS ERIK
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<br />CONSTRUCTION DEED OF TRUST a
<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 $740,000.00.
<br />THIS DEED OF TRUST is dated June 16, 2010, among MARK J STAUSS, A MARRIED PERSON and TRACY L
<br />STAUSS, HIS SPOUSE ("Trustor"); Five Points Bank, whose address is North Branch, 2075 North Broadwell,
<br />Grand Island, NE 68$03 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and FIVE
<br />POINTS BANK, whose address is 2015 NORTH BROADWELL, GRAND ISLAND , NE 68803 (referred to below
<br />as "'Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Truster cpnvays tp 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 fpllowing 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 ether rights, royalties, and profits relatin to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the °Real Property°) IoCate~ In HALL
<br />County, State of Nebraska:
<br />Lot One (11, Grand West Fourth Subdivision, in the City of Grand Island, HaIN County, Nebraska
<br />The Real Property or its address is commonly known as 4003 CRAIG DRIVE, GRAND ISLAND, NE G8803.
<br />CROSS-COLLATERALIZATION. In addition to the Nate, this Deed 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 now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute ar 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.
<br />FUTURE ADVANCES. In addition to the Note, 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 addition
<br />to the amounts specified in the Note, all future amounts Lender in its discretion may Icon to Borrower or Trustor, together with all interest
<br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $140,000.00.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this bead 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 DEEP OF TRUST, INCLUDING TWE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IA- PAYMENT OF TWE INDEBTEDNESS AND IB- PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. TWIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF
<br />RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF
<br />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN
<br />DATE WEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS
<br />REFERRED TO THEREIN, SWALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
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