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THIS DEED OF TRUST is dated January 13. 2003, among TERRY WALTER; A Single Person ( "Trustor "): Five <br />Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary "): and Five Points Bank, whose address is P.O Box <br />1507, Grand 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, 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 />Lots 99 and 100 in Belmont, an Addition to the City of Grand Island, Hall County, Nebraska, <br />The Real Property or its address is commonly known as 515 N GRACE, GRAND ISLAND, NE 68801. <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 Ivan to Truster, together with all interest thereon; however, in no event shall such future <br />advances )excluding interest) exceed in the aggregate $47,300.00. <br />Tractor 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, Tractor 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 Nate, this <br />Deed of Trust, and the Related Documents, <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Toaster 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, Toaster 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. Theater shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance 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 <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Truster has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, W any breach or violation of any <br />Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or lot any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />D� 03 /V5r^ <br />n <br />A <br />}ja <br />m <br />I <br />T N <br />'f <br />n = <br />m <br />ZD <br />h <br />R <br />o <br />c� <br />o <br />-t"-I <br />o m <br />sic <br />M <br />° <br />Ns <br />Q <br />r <br />3 <br />-3 <br />r <br />O <br />N <br />n <br />° <br />o <br />ro <br />° <br />� <br />C.0 <br />n <br />2 <br />to <br />—� car <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diars Ave. <br />Grand Island NE 68803 <br />FOR RECORDER'S USE ONLY <br />b <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed <br />of Trust shall not exceed at any one time $47,300.00. <br />THIS DEED OF TRUST is dated January 13. 2003, among TERRY WALTER; A Single Person ( "Trustor "): Five <br />Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary "): and Five Points Bank, whose address is P.O Box <br />1507, Grand 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, 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 />Lots 99 and 100 in Belmont, an Addition to the City of Grand Island, Hall County, Nebraska, <br />The Real Property or its address is commonly known as 515 N GRACE, GRAND ISLAND, NE 68801. <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 Ivan to Truster, together with all interest thereon; however, in no event shall such future <br />advances )excluding interest) exceed in the aggregate $47,300.00. <br />Tractor 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, Tractor 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 Nate, this <br />Deed of Trust, and the Related Documents, <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Toaster 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, Toaster 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. Theater shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance 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 <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Truster has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, W any breach or violation of any <br />Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or lot any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />D� 03 /V5r^ <br />