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DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $90,000.00. <br />THIS DEED OF TRUST is dated April 19, 2004, among ROY C BYE and SUSAN D BYE; as Husband and Wife <br />("Trustor"); State Farm Bank, F.S.B., whose address is Bank Loan Center, One State Farm Plaza, Bloomington, <br />IL 61710 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and State Farm Bank, <br />F.S.B., whose address is One State Farm Plaza, Bloomington, IL 61702 (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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />LOT NUMBERED 2, BLOCK 1 IN CAPITAL HEIGHTS SECOND SUBDIVISION BEING A PART OF THE <br />SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 11 NORTH, RANGE <br />10 WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 4258 NEW YORK AVE, GRAND ISLAND, NE 68803. <br />The Real Property tax identification number is 400152967 <br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this <br />Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all <br />the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the <br />total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as <br />provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in either <br />the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of <br />Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to <br />the Credit Limit as provided in this Deed of Trust and any intermediate balance. <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 <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, 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 amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit <br />Agreement, 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 Property shall be <br />governed 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; <br />(2) 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 <br />a <br />N <br />Q. <br />E <br />C <br />0 <br />M <br />nn <br />-rnn <br />= D <br />C: <br />n <br />Z <br />= <br />:NJ. <br />rn <br />D Vf <br />7C <br />= <br />`• <br />� <br />j`, <br />� <br />z --I N <br />o <br />o <br />c� p <br />i <br />D C-6 Q <br />c� <br />r f� <br />cn <br />p, <br />r CJ'1 <br />200405026 <br />When Recorded Return To: <br />-J <br />co <br />First American Equity Loan Services <br />CT) <br />Farm Bank, F.S.B. <br />Bonhomme, Suite 910 <br />P 0 Box 5961 <br />7777 <br />Madison WI 57305 -0961 <br />ClaIgtnn, ,MO 63105 <br />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 $90,000.00. <br />THIS DEED OF TRUST is dated April 19, 2004, among ROY C BYE and SUSAN D BYE; as Husband and Wife <br />("Trustor"); State Farm Bank, F.S.B., whose address is Bank Loan Center, One State Farm Plaza, Bloomington, <br />IL 61710 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and State Farm Bank, <br />F.S.B., whose address is One State Farm Plaza, Bloomington, IL 61702 (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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />LOT NUMBERED 2, BLOCK 1 IN CAPITAL HEIGHTS SECOND SUBDIVISION BEING A PART OF THE <br />SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 11 NORTH, RANGE <br />10 WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 4258 NEW YORK AVE, GRAND ISLAND, NE 68803. <br />The Real Property tax identification number is 400152967 <br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this <br />Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all <br />the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the <br />total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as <br />provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in either <br />the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of <br />Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to <br />the Credit Limit as provided in this Deed of Trust and any intermediate balance. <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 <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, 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 amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit <br />Agreement, 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 Property shall be <br />governed 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; <br />(2) 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 <br />a <br />N <br />Q. <br />E <br />C <br />0 <br />