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NE 68901 FOR RECORDER'S USE ONLY �� <br />�S< <br />DEED OF TRUST <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />-�1 <br />1 <br />�.'° <br />f�'f <br />� <br />� <br />� <br />� <br />� <br />y <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one fime 552,100.00. <br />THIS DEED OF TRUST is dated March 23, 2012, among WAYNE A WIENS a/k/a WAYNE <br />WIENS, whose address is 1810 S HARRISON, GRAND ISLAND, NE 68803 and CAMILLE M <br />WIENS, whose address is 1810 S HARRISON, GRAND ISLAND, NE 68803; HUSBAND AND <br />WIFE ("Trustor"); FIVE POINTS BANK OF HASTINGS , whose address is MAIN BANK, 2815 <br />OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred to below somefimes as "Lender" and <br />sometimes as "Beneficiary"); and FIVE POINTS BANK OF HASTINGS, whose address is 2815 <br />OSBORNE DRIVE WEST, HASTINGS, NE 68901 (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 end 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, end profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar metters, (the "Reel Property") loceted in HALL <br />County, State of Nebraska: <br />Lot Nine (9) in Block Twenty-Seven (27), Gilbert's Third Addition to the City of Gr�nd <br />Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 2012 N HUSTON AVE, GRAND <br />ISLAND, NE 68803. The Real Property tax identification number is 400135477. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts end liabilities, <br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as ell claims by Lender ageinst Trustor <br />or any one or more of them, whether now existing or hereafter erising, whether releted or unrelated to the purpose of <br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. <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 pursuant 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; however, in no event shall such future advances (excluding interest) exceed <br />in the aggregate 552,700.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, end <br />interest in end 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 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEIN AND ACCEPTED ON <br />THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pey to Lender ell <br />amounts secured by this Deed of Trust es 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 />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 Default, Trustor may (1) remain in possession and <br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Mairitain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replecements, and maintenance necessary to preserve its value. <br />Hazardous Substances. Trustor represents and warrants that the Properry never has been, and never will be so <br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, <br />treatment, disposal, release or threatened release of any Hazerdous Substance in violation of any Environmental <br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests es <br />Lender may deem appropriate to determine complience of the Property with this section of the Deed of Trust. <br />