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Ret. Env. L r A,_ _D , <br />rn <br />D <br />M <br />rn <br />� <br />Z <br />v <br />nn <br />= <br />n <br />� <br />D <br />i <br />7C <br />Z <br />, r <br />2004 <br />� terr' <br />m C` <br />CZY <br />M <br />cn <br />0 <br />u <br />c= <br />f--, <br />co <br />O <br />F—' <br />O <br />W <br />C) U) <br />O —i <br />c � <br />z M <br />—G p <br />-TI <br />T �1 <br />D 1 <br />r n <br />7z <br />D <br />Cn <br />rn <br />_ <br />O�. <br />O <br />N <br />O � <br />rN+ <br />1­.— 51 <br />O CD <br />eft <br />WHEN RECORDED MAIL 10: O 8' 0 4 c <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Broadwell <br />P.O. Box 1507 <br />Grand Island NE 68802 -1507 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 $60,000.00. <br />THIS DEED OF TRUST is dated August 9, 2004, among DEBORA C LUKES and LEO L LUKES JR; WIFE AND <br />HUSBAND ( "Trustor "); Five Points Bank, whose address is "Your Hometown Bank ", 2015 N. Broadwell, P.O. <br />Box 1507, Grand Island, NE 68802 -1507 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred <br />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 />FRACTIONAL LOT TWO (2) IN FRACTIONAL BLOCK THIRTY -FOUR (34) IN CHARLES WASMER'S <br />ADDITION AND ITS COMPLEMENT, TO -WIT: FRACTIONAL LOT TWO (2) IN FRACTIONAL BLOCK <br />THIRTY -FOUR (34) IN CHARLES WASMER'S SECOND ADDITION, BOTH BEING ADDITION TO THE CITY <br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 1709 W LOUISE ST, GRAND ISLAND, NE <br />68803 -5910. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all <br />future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $60,000.00. <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 <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 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 <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 Note, this <br />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 />maintenance necessary to preserve its value. <br />4 <br />