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m <br />ft n <br />T <br />C <br />m cA <br />o <br />c� to <br />o —j <br />o m <br />n <br />M <br />ca <br />rn <br />CZ) CL <br />rr' <br />O <br />'✓ C J <br />O � <br />G, <br />o <br />r a <br />rn rn <br />R <br />c,' <br />co co <br />co <br />N <br />Z <br />0 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch R <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 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 $135,000.00. <br />THIS DEED OF TRUST is dated June 10, 2002, among ROGER E FRYETT and DOROTHY M FRYETT; Husband <br />and Wife ( "Truster "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and (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 <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 />Lot Two (2), Block One (1), Westroads Estates Subdivision, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 3416 SCHROEDER AVE, GRAND ISLAND , NE <br />68803. The Real Property tax identification number is 400204134 <br />REVOLVING LINE OF CREDIT. Specifically, without limitation, this Dead of Trust secures a revolving line of credit, which obligates Lender <br />to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may be made, repaid, <br />and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not including finance <br />charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, <br />and any amounts expanded or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the Credit <br />Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement <br />from time to time from zero up to the Credit Limit as provided in this Deed of Trust and any intermediate 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 <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 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 <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 Credit <br />Agreement, this 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 11) 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of <br />