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<br /> f' <br /> :"'" <br />N 6i <br />s <br />s I ;lU <br />c..Tl !I <br />--->.. <br />S c: <br />en ~~ Z <br />en C <br />en ~ <br /> ncn <br /> ~::c <br /> <br /> <br /> <br />WHEN RECORDED MAil TO: <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Broadwell <br />P.O. Box 1507 <br />Grllncll'llllnd, NE 68802-1507 <br /> <br /> l~ I <br /> c::::.~, (") (J) <br /> <0:::::> <:::J <br />~-!(? "- .....r; c:. -, <br /> , c: <br /> ...;,,,," r0 <br /> ," c..-::> - -,~~ <br /> '-"J ..... I-'"' <br /> --I -1 0 <br />n:c r'''' ~ -< <br />(~ ';': (,.." r: <br />~ r-v 0 1"" 0 <br /> .~'~:) --..) -" <br /> Ul 3' <br />~ ~'" 'J <br />1-'( '~ -0 1:'" 1---" ~ <br />E;"" t'l ::::3 c::> <br /> ," r .r.:..... <br /> {,''';) t' <br />CI ~') \' (/,I 0) ! <br /> Q w ^ <br />C) " <br /> (' ];:)6- m <br /> .......... ---- ---- <br /> 0) (J) 0) 2 <br /> (J) <br /> 0 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />~',""',-, <br />----...- .~ "0 <br /> <br />:~ <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $500,000.00. <br /> <br />THIS DEED OF TRUST is dated October 25, 2005, among BRIAN J MCMAHON and LORI A MCMAHON; <br /> <br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is "Your Hometown Bank", 2015 N. <br /> <br />Broadwell, P.O. Box 1507, Grand Island, NE 68802-1507 (referred to below sometimes as "lender" and <br /> <br />sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE <br /> <br />68802-1507 (referred to below as "Trustee"). <br /> <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" I located in HAll <br /> <br />County, State of Nebraska: <br /> <br />LOTS SEVEN (7) AND EIGHT (8), KAAAR SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br /> <br />COUNTY, NEBRASKA. <br /> <br />Q <br /> <br />C':;' <br /> <br />CROSS-COllATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to lender, or anyone or more of them, as well as all claims by lender against Trustor or anyone or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, suretY, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. <br /> <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by lender to Trustor whether or not the <br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts lender in its discretion may loan to Trustor, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $500,000.00. <br /> <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 /> <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 /> <br />PA YMENT 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 Note, this <br />Deed of Trust, and the Related Documents. <br /> <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 />