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WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />C d I I a NE 6.. 03 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 $400,000.00. <br />THIS DEED OF TRUST is dated December 4, 2002, among THOMAS E MIDDLEfON; A SINGLE PERSON <br />( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Tnmd0r 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 stack in utilities with ditch or irrigation rights); and all other fights royalties. and profits relating to the real property including <br />without limitation all minerals, oil, gas, geothermal and similar matters. (the "Real brOperly") located in HALL County, State of <br />Nebraska: <br />SEE ATTACHED EXHIBIT A <br />The Real Property or its address is commonly known as 715 W ANNA ST, GRAND ISLAND, NE 68801 <br />CROSS- COLLATERALIZATION. In addiAon to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Truster to Lender, or any one or more of them, as well as all claims by Lender against Truster or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Nate, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidi ted whether Truster may be liable individually or jointly with <br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amount may be or hereafter <br />may become barred by any statute of limitations, and whether the obligation to repay such amount may be or hereafter may become otherwise <br />unenforceable. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future <br />amounts Lander 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 $400,000.00. <br />Theater 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, Truster 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, Truster shall pay to Lender all amounts secured by this <br />Deed of Trust as they became due, and shall strictly and in a timely manner perform all of Truetor's obligations under the Note, this Dead of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster 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, Truster 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. Truster shall maintain the Property in tenantable condition and promptly perform all repairs, replacement, and <br />maintenance necessary to preserve its value. <br />c'? N <br />rn <br />C <br />m <br />p <br />era <br />n <br />x <br />Z <br />n <br />x <br />n, <br />>� <br />-� o <br />-. <br />O! <br />O <br />PC <br />H <br />o T <br />p <br />0� <br />Z rtl <br />�1 <br />O <br />nW <br />co <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />C d I I a NE 6.. 03 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 $400,000.00. <br />THIS DEED OF TRUST is dated December 4, 2002, among THOMAS E MIDDLEfON; A SINGLE PERSON <br />( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Tnmd0r 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 stack in utilities with ditch or irrigation rights); and all other fights royalties. and profits relating to the real property including <br />without limitation all minerals, oil, gas, geothermal and similar matters. (the "Real brOperly") located in HALL County, State of <br />Nebraska: <br />SEE ATTACHED EXHIBIT A <br />The Real Property or its address is commonly known as 715 W ANNA ST, GRAND ISLAND, NE 68801 <br />CROSS- COLLATERALIZATION. In addiAon to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Truster to Lender, or any one or more of them, as well as all claims by Lender against Truster or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Nate, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidi ted whether Truster may be liable individually or jointly with <br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amount may be or hereafter <br />may become barred by any statute of limitations, and whether the obligation to repay such amount may be or hereafter may become otherwise <br />unenforceable. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future <br />amounts Lander 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 $400,000.00. <br />Theater 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, Truster 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, Truster shall pay to Lender all amounts secured by this <br />Deed of Trust as they became due, and shall strictly and in a timely manner perform all of Truetor's obligations under the Note, this Dead of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster 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, Truster 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. Truster shall maintain the Property in tenantable condition and promptly perform all repairs, replacement, and <br />maintenance necessary to preserve its value. <br />