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<br />Five Points Bank (n
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated January 31, 2002, among THOMAS R GARDNER and BETH L GARDNER,
<br />HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave.,
<br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and
<br />Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE 68802 -1507 (referred to below as
<br />"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 including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, §tate o
<br />Nebraska:
<br />LOT TWO (2), BLOCK FOUR (4), VALLEY VIEW SUBDIVISION, AN ADDITION TO THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 716 S CHERRY ST, GRAND ISLAND, NE 68801.
<br />REVOLVING LINE OF CREDIT. Specifically, without limitation, this Deed of Trust secures a revolving line of credit, which obligates
<br />Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may be
<br />made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not
<br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary
<br />overages, other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as
<br />provided In the Credit Agreement. It is the Intention of Trustor and Lender that this Deed of Trust secures the balance outstanding
<br />under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Deed of Trust and any Intermediate
<br />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 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 EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER 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 Credit Agreement, 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 theProperty shall be governed by
<br />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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
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<br />Five Points Bank (n
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated January 31, 2002, among THOMAS R GARDNER and BETH L GARDNER,
<br />HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave.,
<br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and
<br />Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE 68802 -1507 (referred to below as
<br />"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 including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, §tate o
<br />Nebraska:
<br />LOT TWO (2), BLOCK FOUR (4), VALLEY VIEW SUBDIVISION, AN ADDITION TO THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 716 S CHERRY ST, GRAND ISLAND, NE 68801.
<br />REVOLVING LINE OF CREDIT. Specifically, without limitation, this Deed of Trust secures a revolving line of credit, which obligates
<br />Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may be
<br />made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not
<br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary
<br />overages, other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as
<br />provided In the Credit Agreement. It is the Intention of Trustor and Lender that this Deed of Trust secures the balance outstanding
<br />under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Deed of Trust and any Intermediate
<br />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 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 EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER 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 Credit Agreement, 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 theProperty shall be governed by
<br />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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
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