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DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $75,000.00.
<br />THIS DEED OF TRUST is dated February 26, 2003, among TODD SWARTZBAUGH and CHERI
<br />SWARTZBAUGH; HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is North Branch, 2015
<br />North Broadwell, Grand Island, NE 68803 (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
<br />(referred to below as "Trustee ")
<br />CONVEYANCE AND GRANT. For valuable consideration, Toaster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Luster's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently specific! 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, including
<br />without limitation all minerals, oil, gas, geothermal antl similar matters, (the "Real Property') located in HALL County, State o
<br />Nebraska:
<br />LOT 9 BLOCK 26 GILBERTS 3RD ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA.
<br />The Real Property or its address is commonly known as 2012 N BROADWELL, GRAND ISLAND, NE 68802.
<br />CROSS— COLLATERALIZATION. In addition to the Nate, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Truster to Lender, or any one or more of them, as well as all claims by Lender against Truster or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Net., whether voluntary or otherwise, whether due or not due, dloot or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Truster may be liable individually or jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />n,ay become '.,,ad by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may became otherwise
<br />unamarceable.
<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 Truster, together with all interest thereon; however, in no event shall such future advances (excluding
<br />interest) exceed in the aggregate $75,000.00.
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's night, title, and interest in and to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Truster 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, Truster 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 Nate, this Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Tooter 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, Truster 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.
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<br />WHEN RECORDED MAIL TO:
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<br />200302415
<br />Five Points Bank
<br />North Branch
<br />2015 North Broadwell
<br />Grand Island. NE 68803
<br />FOR
<br />RECORDER'S
<br />E ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $75,000.00.
<br />THIS DEED OF TRUST is dated February 26, 2003, among TODD SWARTZBAUGH and CHERI
<br />SWARTZBAUGH; HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is North Branch, 2015
<br />North Broadwell, Grand Island, NE 68803 (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
<br />(referred to below as "Trustee ")
<br />CONVEYANCE AND GRANT. For valuable consideration, Toaster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Luster's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently specific! 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, including
<br />without limitation all minerals, oil, gas, geothermal antl similar matters, (the "Real Property') located in HALL County, State o
<br />Nebraska:
<br />LOT 9 BLOCK 26 GILBERTS 3RD ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA.
<br />The Real Property or its address is commonly known as 2012 N BROADWELL, GRAND ISLAND, NE 68802.
<br />CROSS— COLLATERALIZATION. In addition to the Nate, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Truster to Lender, or any one or more of them, as well as all claims by Lender against Truster or any one or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Net., whether voluntary or otherwise, whether due or not due, dloot or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Truster may be liable individually or jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />n,ay become '.,,ad by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may became otherwise
<br />unamarceable.
<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 Truster, together with all interest thereon; however, in no event shall such future advances (excluding
<br />interest) exceed in the aggregate $75,000.00.
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's night, title, and interest in and to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Truster 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, Truster 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 Nate, this Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Tooter 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, Truster 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.
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