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T <br />t §1t`fp <br />0, $ R k #E N <br />1 i { <br />��� �. a fi <br />T _ _Dr, a o m <br />c m <n A a -f o Pn <br />M <br />o <br />7! 0'41- fN+ C) O. 1Q. <br />ii r <br />I� ~ m 'CT <br />o y,r rn a <br />cr, ,.. o a , <br />TO:* r--.2 � f-± cc <br />Five Points Bank <br />West Branch <br />.................2009 N. Dlers Ave. <br />Grand Island. NE 6eeo3 FOR RErnFR S U E OILY <br />DEED OF TRUST <br />CP <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $40,000.00. <br />THIS DEED OF TRUST is dated June 14, 2002, among WALTER W ROSS and'RONDA L ROSS, whose <br />address is 909 E OKLAHOMA, GRAND ISLAND, NE 68801- 8145 ( "Trustor "), Five Points Bank, whose <br />address is West Branch, 2009 N. Diers Ave., Grand island, NE 68803 (referred: to below sometimes as <br />"Lender" and sometimes as "Beneficiary"); and (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, fitle, 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�pprofits relating to the real property including <br />'without limitation all minerals, oil, gas, geothermal and similar matters, (the "Rail Property') IOcated in HALL County, $fete Of <br />Nebraska: <br />Fractional Lot Seven (7) in fractional Block Twenty (20) of Wallich's Addition and Its Complement: <br />Fractional Lot Seven (7) in Fractional Block Four (4) in the Bonnie Brae Addition, both being Additions to <br />the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 1318 W 5TH ST, 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 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 $40,000.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Dead 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 Dead of Trust, Trustor shall pay to tender all amounts secured by this <br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustors obligations under the Note, this Dead 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 />.....except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />