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�� <br />�� <br />N � <br />A �� <br />� � <br />0 <br />0 <br />CJ7 <br />- <br />� <br />� <br />�/� <br />w <br />� <br />� <br />� <br />°F'3 <br />l�o �i <br />�f1� <br />-. 3�� <br />;i ;u 6�@ <br />� � <br />� �L <br />�-: <br />`1 <br />F:� �. <br />L�� <br />�� <br />� <br />� <br />� � <br />� <br />_ `'"'' <br />D o <br />r— . rn <br />r , . n <br />c , � <br />o �; • <br />x� � ' N <br />m <br />� <br />v� --0 <br />m � <br />�� <br />� l ' c.� <br />° ¢ � o <br />m � <br />� � <br />c� v� <br />� � <br />C D <br />z —+ <br />� m <br />� � <br />o � <br />� Z <br />= m <br />D Cv <br />r � <br />r n <br />� <br />� <br />n <br />� <br />cn <br />O <br />N <br />O <br />� <br />1 <br />O <br />ca <br />0 <br />� <br />C1'7 <br />u <br />�r <br />� <br />�, <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch �'Jq� �jD <br />2009 N. Diers Ave. ' V�� <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />FIVE PD►NTS 6�4NK <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 December 1, 2011, among JOHN S SCHULTE and DIANNE L <br />SCHULTE, HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch, <br />2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand <br />Island, NE 68802-1507 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, 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 />easements, rights of way, and appurtenances; all water, water 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 metters, (the "Real Property") IoCeted in HALL <br />County, State of Nebraska: <br />LOT FOUR (4) WESTWOOD PARK TENTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 4141 FLEETWOOD RD, GRAND <br />ISLAND, NE 68803. The Real Properly tax identification number is 400440512. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and <br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Commercial 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 <br />PERSONAL PROPERTY, IS GIV�N TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF 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 />