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� <br />�� <br />�� <br />N � <br />A �� <br />� � <br />� � <br />e <br />� �� <br />..W.► �� <br />�� <br />�� <br />�� <br />� <br />�� <br />� ° �� <br />� U� � � <br />� � � � <br />r � � ` <br />� � <br />� � <br />Z �.i � <br />tw� �` <br />� � <br />� <br />� <br />U <br />� <br />C <br />�C n � <br />� � � <br />��2 <br />� <br />� C <br />� <br />;.,; ., <br />� <br />i <br />�, <br />�� <br />� � <br />r Y,, <br />r. r ' <br />c �-- <br />� � "_ <br />s� (,�- <br />�� � <br />� <br />rn <br />-� <br />' `_ _ � <br />�, <br />O � ' <br />m � <br />o� ua <br />r�.- <br />� <br />� <br />� <br />� <br />N <br />N <br />� <br />� <br />F---' <br />O <br />G� <br />O <br />c� cn <br />o --a <br />c � <br />a --i <br />� rn <br />� o <br />o 'T� <br />--i � <br />T rn <br />m� <br />r � <br />� � <br />� <br />...�-� <br />Cn <br />� <br />Q <br />N <br />O <br />t--� <br />F-" <br />0 <br />� <br />N <br />�1 <br />t—� <br />EXECUTION COPY <br />Return To: Horizon Bank, 10841 North 142nd Street, Post Office Box 447, Waverly, Nebraska 68462 <br />. <br />� <br />�. <br />CONSTRUCTION SECURITY AGREEMENT <br />TRUST DEED <br />THIS TRUST DEED, made August 15, 2011, by and among Stonewood Townhomes, LLC, whose mailing �� <br />address is 2604 26th Avenue, Central City, Nebraska 68826 (herein "Trustor"); and Horizon Bank, whose mailing �� <br />address is 10841 North 142nd Street, Post Office Box 447, Waverly, Nebraska 68462 (herein "Trustee"); and <br />Horizon Bank, whose mailing address is 10841 North 142nd Street, Post Office Box 447, Waverly, Nebraska 68462 <br />(herein "Beneficiary"). <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably gra.nts, transfers, conveys, and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE for the benefit and security of Beneficiary, under and subject to the <br />terms and conditions of this Trust Deed, the following described real property, located in Hall County, Nebraska: <br />Lot 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, Larue Third Subdivision, in the City of Grand Island, <br />Hall County, Nebraska. <br />TOGETHER WITH all of the following, whether now owned or hereafter acquired: rents, profits, <br />royalties, income, and other benefits derived from the real property; all leases or subleases covering the real property <br />or any portion thereof; all interests, estate, or other claims, both in law and in equity, in the real property; all <br />homestead exemptions which are hereby released and waived; all easements, rights-of-way, tenements, <br />hereditaments; all oil and gas rights and profits and water rights; all right, title, and interest of Trustor in and to any <br />land lying within the right-of-way of any street or highway adjoining the real property; any and all buildings, <br />fixtures, improvements, and appurtenances now or hereafter erected thereon or belonging thereto (herein refened to <br />as "Improvement" or "Improvements"); and any and all awards made for the talcing by eminent domain, or by any <br />proceeding or purchase in lieu thereof, of the whole or any part of the real properly. All of the foregoing estate, <br />property, and interest conveyed to Trustee herein collectively referred to as the "Property." This is also a <br />construction security interest given by Trustor to Trustee in and to the Property securing an obligation which the <br />Trustor incurred for the purpose of making an improvement of the Property. <br />FOR THE PURPOSE OF SECURING: <br />(a) The payment of indebtedness evidenced by Trustor's notes or guarantee ("Note") with an effective <br />date of August 1, 2011, in the principal sum of Two Million Seven Hundred Thousand Dollars ($2,700,000), <br />together with interest at the rate or rates provided therein and the principal and interest on any future loans <br />evidenced by promissory notes or guarantees stating they are secured by this Trust Deed, and any and all renewals, <br />modifications, and ea�tensions thereof, both principal and interest being payable in accordance with the terms set <br />forth therein, which, by this reference, is made a part hereof. <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(c) The payment of any sum or sums of money which may be hereafter paid or advanced by the <br />Beneficiary under the terms of this Trust Deed, together with interest thereon at the rate provided in the "Note." <br />TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR HEREBY COVENANTS AND <br />AGREES AS FOLLOWS: <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay, when due, the <br />principal of and interest on the indebtedness evidenced by the Note, and all other charges and fees as provided in the <br />Note, and the principal of and interest on any Future Advances secured by this Trust Deed. <br />2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible <br />title and estate to the Property hereby conveyed and has the right to grant and convey the Property. The Property is <br />free and clear of all liens and encumbrances, except liens now of record, and Trustor will warrant and defend the <br />title to the Property against all claims and demands. <br />