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V <br />rn <br />T <br />c <br />7_ <br />M (n ' <br />x S " <br />C) n <br />X n <br />M ur <br />A <br />Q <br />\{I� o <br />T <br />rn �•_ c� <br />Cn <br />m O <br />r' Co <br />Co <br />� s <br />w <br />C) Cn <br />O <br />O <br />C D <br />N <br />zM <br />� m <br />O <br />O <br />O T <br />O <br />T Z <br />N <br />n �+ <br />O <br />r x <br />tb <br />r n <br />Cn <br />..r �1> <br />uT <br />cn <br />ern <br />/-?—d E hiw /6-m <br /><.c-m <br />WHEN RECORDED MAIL TV <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />_rand 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 $154,432.00. <br />THIS DEED OF TRUST is dated August 8, 2002, among THOMAS D PETERS and SHERYL K PETERS; <br />HUSBAND AND WIFE AS JOINT TENANTS ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 <br />N. Diers Ave., 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 (referred <br />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 Truster'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 Eighteen (18), Western Heights Second Subdivision, City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 4245 LARIAT LANE, GRAND ISLAND, NE 68803. <br />The Real Property tax identification number is 400165678 <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all <br />future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $154,432.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster'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 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 <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Truster's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truster'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 (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (31 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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Truster's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />uj <br />co <br />CO2 <br />Li <br />c <br />ecaa <br />0 <br />Im <br />