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�� i B � � 0 _"�� W — (D � �` — � �� r� � T . .� = p e is `r . . . . - ' � . � m C =�s�i+ Pfl '�► �ir •• � i � A � � \- �� Q � �� Tr r �. C) O � rn � v� -� t'*7 � o {`'.� � �``:a � � r+'t P►t 0 � � � �-_,. � " � � "Z.7 � t�3 � ^�2 cs u� c� —i �� � � --� -"� Q p �t � S � rn A � r"', �7 r n tr> � D f!A t!� WHEN RECORDED MAiI TO: Cornerstone Bank Central City Facility 1631 16th Street Central Citv NE 68826-1815 FOR RECORDER'S USE ONLY CONSTRUCTlON DEED OF TRUST THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT THIS DEED OF TRUST is dated November 4, 2011, among Luke A Olson; A Single Person ("Trustor"); Cornerstone Bank, whose address is Central City Facility, 1631 16th Street, Central City, NE 68826-1815 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITN POWER OF SALE, for the benefit of Lender as 8eneficiary, all of Trustor's righi, title, and interest in and to fhe following described real property, tagether with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (inciuding stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation ail minerais, oii, gas, geothermal and similar matters, (the "Real Property") lOCated in Hall County, State of Nebraskac Lot One (1), Olson Subdivision, An Addition to the City of Grand Island, Hall County, Nebraska The Rea! Property or its address is commonly known as 3323 W Airport Rd, Grand Island, NE 68803. CROSS-GOLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of either Trustor or Borrower to lender, or any one or more of them, as well as atl claims by Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unehtorceable. FUTURE ADVANCES. !n addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrowsr or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest thereon. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rertts. THIS DEED OF TRUST, iNCLUDING THE ASSIGNMENT OF RENTS AND THE SECl1RlTY INTEREST IN 7NE RENTS'AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (6) PERFORMANCEbF ANY AND ALL OBLICaATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AMD WARRANTIES. Trustor warrants that: Ia) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not confiict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court decree ar order appiicabie to Trustor; (d) Trustor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to 7rusior about Borrower (including without limitation the creditworthiness of Borrower). TRUSTOR'S WAIVERS. Trustar waives ali rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or atter Lender's commencemenY or completion of any foreclosure action, either judicially or by exercise ot a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform ait their respective obtigations under the Note, this Deed of Trust, and the Related Documents. CONSTRUCTION MORTGAGE. This Deed of Trust is a"construction mortgage" tor the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of Nebraska. Q N d F—� N O e� c�.) GJ7 � as � �