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<br />WHEN RECORDED MAIL TO: � S�
<br />Wells Fergo 8ank, National Association
<br />Attn: Collateral Processing - Rap III
<br />730 2nd Avenue Sauth. Suite 1p00
<br />Minneaoolis, MN 55479 FOR RECURDER'S USE ONLY
<br />200129964002900235
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST IS A CONS7RUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not excaed at any one time $3,374,517.00.
<br />THIS DEED O� TRUST is dated October 6, 2010, among GMD, L.L.C., a Nebraska Limited Liability Company,
<br />whosa address is 3356 West Old Highway 30, Grand Island, NE 68803 and Lacy Construction Company, a
<br />Nebraska Corporation, whose address is 33�6 West Old Highway 3p, Grand Island, NE 6$$Q3 ("Trustor"1;
<br />Wells Fargo Bank, National Association, whose address is Grand Island - Main, 3Q4 W. 3rd Street, Grand
<br />Island, NE �$8Q7 (referred to below sometime� as "Lender" and sometimes as "Beneficiary"►; and Welis Fargo
<br />Financial Natianal Bank, whose address is c/o Minneapolis Laan Operations Center, 730 2nd Avenue South,
<br />Suite "1000, MAC # N9306-101, Minneapnlis, MN 55479 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to 7rustee in trust, WITH POWER OF SAL�, 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 �ppurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch nr irrigatipn rightsl; and all other rights, rpyslties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (thA ° Real Property IOCB#Ad in H911
<br />County, State of Nebraska:
<br />Lot One (11, Lacy Second Subdivision, in the City of Grand Island, Hall County, Nebraska
<br />The Real Rroperty or its address is commonly known as 3317 Island Circle and 3399-3329 Island Circls,
<br />Grand Island, NE B$803. The Real Property tax identification number is 400094657.
<br />CRQSS-COLLAI'�RALIZATION. In addition to the Note, this Deed of 7rust secures all obligations, debts and liabilities, plus interest
<br />thereon, af aither Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Bprrpwar and Trustar
<br />or any one pr mora af them, whether now existing or hereafter arising, whether related or unrslated to the purpqsa of the Npte, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated nr
<br />unliquidated, whether 8orrower 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 6arred by any statute of
<br />limitations, and whether the qbligatipn to rep�y such amounts may be or hereafter may become otherwise unenforceable.
<br />Trustor presently assigns tp Lender �alsq known as Beneficiary in this Deed of Trust► all of Trustor's right, title, and interest in and to all
<br />prasent and future leases of the Property and all Rents from tha Property. In addition, Trustor grents to Lender a Uniform Commercial
<br />Cnde ssourity interest in the Personal Property and Rents.
<br />THIS pEED OF TRUST, INCLUDING THE AS5IGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OP ANY AND ALL 061.IGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND TWIS DEED OF TRUST. TWIS DEED OF TRUS7, INCLUDING 1'ME ASSIGNMENT pF
<br />RENTS AND THE SECURITY INTEREST IN TME REN7S AND P�RSONAI PiiOPEFtTY, IS ALSQ GIVEN TO SECURE ANY AND ALL OF
<br />BORROWER'S QBLIGATIONS UNDER THAT CERTAIN CQNSTRUCTION LQAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN
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