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m 2 D <br />A Z R <br />a <br />` n } <br />lvA1 c> <br />Q <br />c <br />N <br />r_ <br />F� <br />O <br />O <br />O <br />nCn <br />o -+ <br />ca <br />Z <br />rn <br />� rn <br />P <br />p T <br />s � <br />f 7 <br />t- A <br />V� <br />x <br />0 <br />N <br />0 <br />O <br />N <br />O <br />41 <br />F-• <br />A cn <br />N <br />en N <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />Downtown ear 6,Y is c 7 <br />370 N. Walnut <br />Grand Island, NE 68801 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 $50,000.00. <br />THIS DEED OF TRUST is dated June 1, 2002, among GARY R JACOBSON; an Unmarried Person ( "Trustor "); <br />Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE 68801 (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 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, Mete Of <br />Nebraska: <br />Lot Eighteen (18), having a lakefront frontage of 78 Feet, situated on the West side of the West portion <br />of Kuester's Lake, and being on a part of the East Half of the Southwest Quarter (SW1 /4) in Section <br />Thirteen (130, Township Eleven (11), Range Nine (9), in Hall County, Nebraska. <br />The Real Property or its address is commonly known as 14 KUESTER LAKE, GRAND ISLAND, NE <br />68801 -8609. <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 Trustor, together with all interest thereon; however, in no event shall such future advances (excluding <br />interest) exceed in the aggregate $50,000.00. <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 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 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 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 Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor 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, 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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />fTL <br />Co <br />co <br />CZa <br />Edn-v <br />