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g• <br />D <br />. O I <br />WHEN RECORDED MAIL TO: <br />Five Points Bank 200402599 <br />North Branch <br />2015 North Broadwell <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $95,000.00. <br />THIS DEED OF TRUST is dated February 25, 2004, among KEITH R HARVEY and JOLENE M HARVEY; <br />HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />(referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, includin <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State of <br />Nebraska: <br />LOT ONE (1), S & H SUBDIVISION, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 4875 S NORTH RD, GRAND ISLAND, NE <br />68803 -9605. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future <br />amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future advances (excluding <br />interest) exceed in the aggregate $95,000.00. <br />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 <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this <br />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 Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />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 maintenance <br />necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or <br />1�\- <br />m <br />:n <br />A <br />s <br />o <br />M CA <br />n <br />Z <br />n= <br />m <br />F <br />r <br />M <br />y <br />CD 4 <br />I—A <br />O -n <br />O <br />'^J <br />= m <br />D. cn <br />N <br />O <br />M <br />r <br />. <br />D <br />. O I <br />WHEN RECORDED MAIL TO: <br />Five Points Bank 200402599 <br />North Branch <br />2015 North Broadwell <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $95,000.00. <br />THIS DEED OF TRUST is dated February 25, 2004, among KEITH R HARVEY and JOLENE M HARVEY; <br />HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />(referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, includin <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State of <br />Nebraska: <br />LOT ONE (1), S & H SUBDIVISION, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 4875 S NORTH RD, GRAND ISLAND, NE <br />68803 -9605. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future <br />amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future advances (excluding <br />interest) exceed in the aggregate $95,000.00. <br />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 <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this <br />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 Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />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 maintenance <br />necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or <br />1�\- <br />