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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank ~
<br />North Branch ~~'
<br />2015 North Broadwell
<br />__Grand Island, NE_ 68$03 _ _ ,,_ _,, ,,, „ , FOR RECORpER'S USE ONLY
<br />FrvE Poin-rs iB~4nr~
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST 15 A CONSTRUCTION SECURITY AGRIrEMENT
<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 $240,000.00.
<br />THIS DEED OF TRUST is dated September 28, 2009, among NIEDFELT PROPERTY MANAGEMENT, LLC; A
<br />NEBRASKA LIMITED LIABILITY COMPANY ("Trustor"); Five Points Bank, whose address is North Branch,
<br />2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"-; and Five Paints Bank, whose address is P.0 Bax 1507, Grand Island, NE 68802-1507 lreferred
<br />to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in .true#, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all pf Trustor's right, title, and interest in and to the tollowing 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 irrigatipn rights); and all other rights, royalties, and profits relating tp 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 FOUR (4), BLOCK TWO (2), STERLING ESTATES SUBDIVISION, IN THE CITY OF GRAND ISLAND,
<br />MALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 392a HORSEMAN AVE, GRAND ISLAND, NE 68803.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Harrower 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 pr hereafter arising, whether related or unrelated to the' purppse of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may 6e liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or ptherwise, and whether recovery upon such amounts may 6e or hereafter may become barred by any statute of
<br />limitations, and whether the obligation tp repay such amounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed pf Trust secures all future advances made by Lender to Borrower yr Trustpr
<br />whether or opt the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition
<br />tp the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />thereon; however, in np event shall such future advances (excluding interest) exceed in the aggregate 5240,000.00.
<br />Trustpr 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, Trustpr grants to Lender a Uniform Cpmmercial
<br />Cade security interest in the Personal Property and Rents.
<br />THIS DEED pF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS ANp PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INpEBTEDNESS AND (B) PERFORMANCE pF ANY ANp ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED pF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT pF
<br />RENTS ANp THE SECURITY INTEREST IN THE RENTS ANp PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF
<br />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER ANp LENDER OF EVEN
<br />
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