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<br />WH�N RECORDED MAIL TO: 3S �
<br />Cornerstane 8ank
<br />Aurora Facility
<br />1206 93th Street
<br />P.Q. Box 386
<br />Aurora NE 68818-0386 FdR RECORDER'S US� ONI.Y
<br />CONSTRUCTION D�ED OF TRUST
<br />THIS DEED OF TRUST IS A CONSTRUCl'ION SECURITY AGRE�MENT
<br />WITHIN 7F1� MEANING OF TH� NEBRASKA CONSTRUCTION LIEN ACT
<br />TMIS D�ED OF TRUS7' is dated October $, 2090, among Brian J Caspar and Kristin N Caspar; Musband and
<br />Wife ("Trustor"►; Comerstone Bank, whose address is Auror� Facility, 9206 13th S#raet, P.O. Bax 3$6,
<br />Aurora, NE 6881$-03$6 (referred to below sometimes as "Lender" and sometimas as "Beneficiary"); and
<br />CORN�RSTONE BANK, whose address is 529 LINCOLN AVENUE, YQRK, NE G8467 (referred to below as
<br />"Trustee").
<br />CONVEYANCE pND GRANT. Far valuable consideration, Trustor conveys to Trustae in trust, WITH POWER OP SALE, fqr the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvemen[s and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights►, 3nd all other rights, royaltias, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Prop9r#y") IoCat�d in Hall
<br />County, State af Nebraska:
<br />Lot Eight (81, Black One (11, Summerfield Estates Sev�nth Subdivision, in the City of Grand Island, Flall
<br />County, Nebraska
<br />The Real Property or its address is commonly known as 3�Tg Meado+nrlark Circle, Grand Island, N� 68803.
<br />The Real Property tax identification number is 4QQ43817$.
<br />FUTURE ADVANCES. In addition to the Nnta, this Deed of Trust secures all future advancea made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitetion, this Deed af 7rust secures, in addition to the amounts
<br />specifiad in the Note, all future amounts Lender in its discretion may Ivan to Trustor, together with all interest thereon,
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, end interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, 7rustor grants to Lender a Uniform Commercial
<br />Cpde security interest in the Per5onal Froperty and Rents.
<br />THIS DEED pl= TRUST, INCLUDING THE ASSIGNMENT QF RENTS AND THF, SECURITY INTEREST IN 7ME RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECUR� (A1 PAYMEN7 OF THE INDEBTEDNES9 AND (B► PERFORMANC� OF ANY AND ALL OBLIGATIONS
<br />UND�R THE NOTE, TNE RELATED DOCUMENTS, ANp THIS DEED OF TRUST. 1"H13 DEED pF TRUST, INCLUqING THE ASSIGNMENT OF
<br />RENTS AND THE SECURITY INTEREST IIV TWE RENTS AND PERSONAL PRpPERTY, IS ALSO GIVEN Tp SECURE ANY AND ALL QF
<br />TRUSTOR'S OBLIGATIQNS UNDER THA7 CERTAIN CQNSTRUCTION I.OAN A'GREEMENT BETWE�N TRUSTQR AND LEN�ER OF EVEN
<br />DA7E HEREWITN. ANY EVEN7 OF DEFAULT UNpER THE CONSTRUCTION LOAN AGRE�MENT, OR ANY OF THE RELATED DQCUMENTS
<br />REFERRED TO THER�IN, SHALL ALSO B@ AN �VENY OF DEFAUL7 UNDER TMIS DEED QF 7RUST. THIS D�ED OF TRUST 13 GIVEN AND
<br />ACCEPT�17 ON THE FOLLOWING TERMS: •
<br />PAYMENT ANp PERFpRMANCE. Except as otherwise provided in this Deed of 7rust, Trustor shall pay to Lender all amounts secured 6y
<br />this Peed of Trust as they 6ecome due, and shall strictly and in a timely manner parform all of Truatvr's obligations under tha Note, this
<br />Deed nf Trust, and the Related Documents. ,
<br />CQNSTRUCTION MpRTGAGE. This Deed of Trust is a"construction mortgage" for the purposes of Sections 9-334 and 2A-3p9 of the
<br />Uniform Commercial Code, as those sections have been adopted by the 5tate of Nebraska.
<br />POSSESSIQN AND MAINTENANCE pF THE PRQPER7Y. Trustor agrees that Trustor's ppssession and use of the Prpparty shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustpr may (1) remain in possession and control of the Property;
<br />(2) use, aperate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty tp Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preaerue its value.
<br />Compliance With Envirpnmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, dispos�l, release or threatened release nf any
<br />Hazardous 5ubstance by any person on, under, about or from the Property; (2) 7rustor has no knowledge of, pr reason to belleve
<br />that thera has been, except as previously disclosed to and acknowledgad by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or thrsatened release af any
<br />Hazardous Substance on, under, ebout or from tha Property by any prior owners vr occupants nf tha Property, or (cl any actual or
<br />threatened litigation or claims of any kind by any perspn relating to such matters; and 13) Except as previously disclosed to and
<br />acknowledgad by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, disposa of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be epnducted in epmpliance with ell applicable federal, state, and Ivcal laws, regulatians and
<br />ordinances, including without limitation all Envirvnmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to maka such inspections and testa, at Trustor's expanse, as Lendar rnay deem appropriate to determins compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not ba
<br />construed to create any responsibility or liability on the part of Lender to Trustar or to any other person. The raprasentations and
<br />warranties contained herein are based on 7rustor's due diligence in investigating the Property for Hazardous 5ubstances. 7rustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilitias, damages, penalties, and expenses which Lender may directly pr indirectly sustain or suffer resulting from a
<br />breach of this section pf the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release ar
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