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<br />WHEN RECORDED MAIL TO:
<br />Cornerstone Bank
<br />Geneva Facility � ��
<br />7741 G Street
<br />P.O. Box 188
<br />Geneva NE 68361-0188 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 May 23, 2011, among Jason J Harb and Annette M Harb; Husband �nd Wife
<br />("Trustor"); Cornerstone Bank, whose address is Geneva Facility, 1141 G Street, P.O. Box 188, Geneva, NE
<br />68361-0188 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and CORNERSTONE
<br />BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable conslderatlon, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefrt of
<br />Lender as Beneficiary, ell of Trustor's right, title, and interest in and to the following described real property, together with ail existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, weter
<br />rights and'ditch rights (including stock in utflities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geotharmal and similar matters, (the ° Reel P�Op@rty IOCBted in Hall
<br />County, State of Nebraska:
<br />A tract of land comprising a part of the Southwest Quarter of the Northwest auarter (SW 1/4
<br />NW1/41 and a part of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4), all being in
<br />Section Thirty Five (35), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., H�II County,
<br />Nebraska and more particularly described �s follows:
<br />Beginning at the southwest corner of said Southwest Quarter of the Northwest auarter (SW1/4 NW1/4);
<br />thence running northerly, along and upon the west line of said Southwest O,uarter of the IVorthwest auarter
<br />(SW1/4 NW1/4), a distance of Six Hundred Forty Six and Seventy Three Hundredths i646.73) feet; thence
<br />deflecting right 89° 58' 12" and running easterly, a distance of One Thousand Two Hundred Ninety
<br />(1,290.0) feet; thence deflecting right 90° 01' 19" and running southerly, a distance of Six Hundred
<br />Seventy Eight and Seven Tenths (678.70) feet; thence deflecting right 89° 58' 41" and running westerly,
<br />a distence of One Thousand Two Hundred Ninety and Four Tenths (1,290.401 feet to a point on
<br />the west line of said Northwest Quarter of the Southwest Quarter iNW1/4 SW1/4); thence deflecting right
<br />90° 34' 32" and running northerly, along and upon the west line of said Northwest Quarter of the
<br />Southwest auarter (NW1/4 SW1/4), a distance of Thirty One and Ninety Seven Hundredths (31.97) feet to
<br />the point of beginning
<br />The Real Property or its address is commonly known �s 3663 South Engleman Road, Grand Isl�nd, NE
<br />68803-9634. The Real Property tax identification number is 400428229.
<br />FUTURE ADVANCES. In eddition to the Note, this Deed of Trust secures all future edvances mede by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with ell interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in end to all
<br />present and future leases of the Property and ell Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT 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 OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF
<br />RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF
<br />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN
<br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR AIVY OF THE RELATED DOCUMEIVTS
<br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAUL7 UNDER THIS DEED OF TRUST. THIS DEED QF TRUST IS GIVEN AND
<br />ACCEPTED ON THE FOLLOWING TERMS;
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender ell amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Releted Documents.
<br />CONSTRUCTION MORTGAGE. This Deed of Trust is a"construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the
<br />Uniform Commercial Code, as those sections heve been edopted by the State of Nebraska.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees thet Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event ot Default, Trustor mey (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserva its value.
<br />Compliance With Environmental Laws. Trustor represents end warrants to Lender thet: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substence by any parson on, under, abou or from the Pr perty; (2) Trustor has no knowledge of, or reason to believe
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