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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.O. Box 760
<br />#14 LaBarre
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<br />THIS DEED OF TRI.
<br />WITHIN THE MEANI
<br />THIS DEED OF TRUST is dated April
<br />Company, whose address is 1709 MeF
<br />address is P.O. Box 760, #14 LaBarre
<br />sometimes as "Beneficiary"); and Exch�
<br />(referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consi
<br />Lender as Beneficiary, all of Trustor's right, title,
<br />subsequently erected or affixed buildings, impro�
<br />rights and ditch rights (including stock in utilities
<br />property, including without limitation all mineral:
<br />County, State of Nebraska:
<br />Lot Four (41, Block Two (21,
<br />HaIlCounty, Nebraska
<br />The Real Property or its address is comn
<br />CROSS-COLLATERALIZATION. In addition to tf
<br />thereon, of Trustor to Lender, or any one or mor
<br />whether now existing or hereafter arising, whet
<br />whether due or not due, direct or indirect, determ
<br />may be liable individually or jointly with others, v
<br />recovery upon such amounts may be or hereafte
<br />such amounts may be or hereafter may become o�
<br />FUTURE ADVANCES. In addition to the Note, ihi:
<br />advances are made pursuant to a commitment.
<br />specified in the Note, all future amounts Lender in
<br />Trustor presently assigns to Lender (also known
<br />present and future leases of the Property and all
<br />Code security interest in the Personal Property an�
<br />THIS DEED OF TRUST, INCLUDING THE ASSIC
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYME�
<br />UNDER THE NOTE, THE RELATED DOCUMENTS,
<br />RENTS AND THE SECURITY INTEREST IN THE
<br />TRUSTOR'S OBLIGATIONS UNDER THAT CERT�
<br />DATE HEREWITH. ANY EVENT OF DEFAULT UNI
<br />REFERRED TO THEREIN, SHALL ALSO BE AN EV
<br />ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as othe
<br />this Deed of Trust as they become due, and shal
<br />Deed of Trust, and the Related Documents.
<br />CONSTRUCTION MORTGAGE. This Deed of Tn
<br />Uniform Commercial Code, as those sections havE
<br />POSSESSION AND MAINTENANCE OF THE PR
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence o
<br />(2) use, operate or manage the Property; ani
<br />Duty to Maintain. Trustor shall maintain tt
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trus'
<br />of the Property, there has been no use, ger
<br />Hazardous Substance by any person on, un�
<br />that there has been, except as previously d
<br />Environmental Laws, (b) any use, gener,
<br />Hazardous Substance on, under, about or fr
<br />threatened litigation or claims of any kind t
<br />acknowledged by Lender in writing, (a) ne
<br />shall use, generate, manufacture, store, trea
<br />and (b) any such activity shall be condi
<br />ordinances, including without limitation all E
<br />to make such inspections and tests, at Trus
<br />with this section of the Deed of Trust. Any
<br />construed to create any responsibility or lia
<br />'RUCTION DEED OF TRUST
<br />IS A CONSTRUCTI N S CURITY AGREEMENT
<br />OF THE NEBRASK CO STRUCTION LIEN ACT
<br />1, 2011, among Ose a H mes, L.L.C., A Nebraska Limited Liability
<br />�w Rd, Grand Island, E 68803 ("Trustor"); Exchange Bank, whose
<br />Gibbon, NE 68840 refe red to below sometimes as "Lender" and
<br />ige Bank, whose' addr ss i P.O. Box 5793, Grand Island, NE 68802
<br />�ration, Trustor conveys to rust e in trust, WITH POWER OF SALE, for the benefit of
<br />nd interest in and to the fol owin described rea� property, together with all existing or
<br />ments and fixtures; all ease ent , rights of way, and appurtenances; all water, water
<br />ith ditch or irrigation rights); and II other rights, royalties, and profits relating to the real
<br />oil, gas, geothermal'and si ilar atters, (the "Real P►'operty") IoCated in Hall
<br />Estates
<br />, in the City of Grand Island,
<br />only known as 1615 �um�nerfield Ave, Grand Island, NE 68803.
<br />� Note, this Deed of Trust seci
<br />of them, as well as all clai s t
<br />er related or unrelaYed to he F
<br />ied or undetermined, absolu e or
<br />iether obligated as guarant r, s�
<br />may become barred by any stai
<br />ierwise unenforceable.
<br />es all obligations, debts and liabilities, plus interest
<br />Lender against Trustor or any one or more of them,
<br />rpose of the Note, whether voluntary or otherwise,
<br />ontingent, liquidated or unliquidated, whether Trustor
<br />;ty, accommodation party or otherwise, and whether
<br />te of limitations, and whether the obligation to repay
<br />Deed of Trust secures all fu ure a vances made by Lender to Trustor whether or not the
<br />3pecifically, without')imitati n, t is Deed of Trust secures, in addition to the amounts
<br />ts discretion may loan to Tr stor, together with all interest thereon.
<br />s Beneficiary in this Deed o Tru t) all of Trustor's right, title, and interest in and to all
<br />Rents from the Property. I ad ition, Trustor grants to Lender a Uniform Commercial
<br />Rents.
<br />11MENT OF RENTS AND T E S CURITY INTEREST IN THE RENTS AND PERSONAL
<br />f OF THE INDEBTEDNESS ND B) PERFORMANCE OF ANY AND ALl OBLIGATIONS
<br />�ND THIS DEED OF TRUST. THI DEED OF TRUST, INCLUDING THE ASSIGNMENT OF
<br />iENTS AND PERSONAL PR PE Y, IS ALSO GIVEN TO SECURE ANY AND ALL OF
<br />IN CONSTRUCTION LOAN GR EMENT BETWEEN TRUSTOR AND LENDER OF EVEN
<br />ER THE CONSTRUCTION L AN GREEMENT, OR ANY OF THE RELATED DOCUMENTS
<br />NT OF DEFAULT UNDER T IS D ED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
<br />�rise provided in this Deed
<br />strictly and in a timely m�
<br />,t is a "construction mortga e"
<br />been adopted bythe State f Ne
<br />�PERTY. Trustor agrees th t 1
<br />Trustor shall pay to Lender all amounts secured by
<br />�rm all of Trustor's obligations under the Note, this
<br />the purposes of Sections 9-334 and 2A-309 of the
<br />s possession and use of the Property shall be
<br />an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(3) collect the Rents from he P operty.
<br />Property in tenantable co
<br />represents and warrants t Ler
<br />ation, manufacture, storag , tri
<br />•, about or from the Prope ty;
<br />losed to and acknowledge by
<br />�n, manufacture, storage, trea
<br />i the Property by any prior owr
<br />any person relating to suc m�
<br />ier Trustor nor any'tenant cor
<br />dispose of or release any azai
<br />ed in compliance with all apF
<br />ironmental Laws. trustor uth
<br />�'s expense, as Lender ma dee
<br />spections or tests made b Len
<br />�ty on the part of Lender t Tr�
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<br />and promptly perform all repairs, replacements, and
<br />r that: (1) During the period of Trustor's ownership
<br />nent, disposal, release or threatened release of any
<br />Trustor has no knowledge of, or reason to believe
<br />nder in writing, (a) any breach or violation of any
<br />;nt, disposal, release or threatened release of any
<br />or occupants of the Property, or (c) any actual or
<br />rs; and (3) Except as previously disclosed to and
<br />ctor, agent or other authorized user of the Property
<br />as Substance on, under, about or from the Property;
<br />ible federal, state, and local laws, regulations and
<br />es Lender and its agents to enter upon the Property
<br />appropriate to determine compliance of the Property
<br />shall be for Lender's purposes only and shall not be
<br />x or to any other person. The representations and
<br />
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