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Box 566 <br />Harvard, NE 68944-0566 FOR RECORDER'S USE ONLY <br />CONSTRUCTION DEED OF TRUST <br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT <br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT <br />THIS DEED OF TRUST is dated August 10, 2011, among Stephanie Anne Anderson and Bryce <br />R Anderson; Wife and Husband ("Trustor"); CORNERSTONE BANK, whose address is Harvard <br />Facility, 302 North Clay, P.O. Box 566, Harvard, NE 68944-0566 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and CORNERSTONE BANK, whose <br />address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideretion, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefrt of Lender as Beneficiary, all of Trustor's right, titie, and interest in and to the following described real <br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all <br />eesemants, rights of way, and appurtenances; all water, weter rights and ditch rights (including stock in utilities with <br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property"i located in Hall County, <br />State of Nebraska: <br />Lot One i 1), A2 Subdivision, Hall County, Nebraska, according to the recorded plat thereof <br />The Real Property or its address is commonly known as 15968 South Gunbarrel Road, <br />Trumbull, NE 68980. The Real Property tex identification number is 400237304. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuent to a commitment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />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, tiile, and <br />interest in and to all present and future leases of the Property and all Rents from the Property. In eddition, Trustor <br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDINQ THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT <br />CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY <br />EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF <br />TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. <br />CONSTRUCTION MORTGAGE. This Deed of Trust is a"construction mortgage" for the purposes of Sections 9-334 <br />and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of Nebraska. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Dofault, Trustor may (1) remain in possession end <br />control of the Property; (2) use, operate or manage the Property; and (31 collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br />replacements, and maintenance necassary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2? Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) eny breach or violation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hezardous Substance <br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or ciaims of any kind by any person relating to such matters; and (3) Except as previously <br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other <br />O <br />N <br />� <br />F"_& <br />P-a <br />O <br />� <br />O <br />� <br />00 <br />u <br />. R <br />�: <br />�, <br />. <br />LL <br />� <br />�� S� <br />Q 0 � � a) � �"� �.. <br />