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r <br />T <br />n n z <br />m (Dig r <br />WHEN RECORDE IL T r <br />Five Points Bank <br />West Branch <br />W09 N. Diets Ave. <br />Grand 191antl. NE aeatl0 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 $10,000.00. <br />THIS DEED OF TRUST is dated August 22, 2002, among JEFFREY J KOSTBAHN and DIANE K KOSTBAHN; <br />Husband and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, whose address is P.O 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, fide, and interest in and to the fallowing 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, State of <br />Nebraska: <br />Lot Ten (10), in Block Five (5), in Country Club Subdivision being a part of the East Half of the <br />Northwest Quarter (E1 /2NW1/4) of Section Twenty Eight (28), in Township Eleven (11) North, Range Nine <br />(9) West of the 6th P.M., Hall County, Nebraska. <br />The Real Property or its address is commonly known as 1604 ROSEMONT AVE, GRAND ISLAND, NE <br />68801. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amount specifled 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 $10,000.00. <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 Rent 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 />rn <br />I <br />M <br />e. <br />y <br />y <br />ro <br />a <br />O <br />• 2 <br />m <br />N <br />n <br />o <br />0 <br />l <br />r <br />r n <br />n <br />m <br />QQP <br />© <br />ca <br />W <br />u> <br />O <br />WHEN RECORDE IL T r <br />Five Points Bank <br />West Branch <br />W09 N. Diets Ave. <br />Grand 191antl. NE aeatl0 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 $10,000.00. <br />THIS DEED OF TRUST is dated August 22, 2002, among JEFFREY J KOSTBAHN and DIANE K KOSTBAHN; <br />Husband and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, whose address is P.O 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, fide, and interest in and to the fallowing 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, State of <br />Nebraska: <br />Lot Ten (10), in Block Five (5), in Country Club Subdivision being a part of the East Half of the <br />Northwest Quarter (E1 /2NW1/4) of Section Twenty Eight (28), in Township Eleven (11) North, Range Nine <br />(9) West of the 6th P.M., Hall County, Nebraska. <br />The Real Property or its address is commonly known as 1604 ROSEMONT AVE, GRAND ISLAND, NE <br />68801. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amount specifled 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 $10,000.00. <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 Rent 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 />rn <br />I <br />M <br />e. <br />y <br />y <br />ro <br />a <br />O <br />• 2 <br />