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N � <br />0 <br />ter, <br />0� <br />Cs, �. <br />n <br />M <br />n <br />CD <br />N <br />C:7 <br />Q <br />Cr1 <br />CD <br />r1] <br />CJl <br />Q <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch 200502050 <br />2015 North Broadwell <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />.Z <br />C% <br />DEED OF TRUST A16- , Cru <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $375,000.00. <br />THIS DEED OF TRUST is dated February 10, 2005, among GERALD H POEHLER, whose address is 4251 S <br />WISEMAN ROAD; SHELTON, NE 68876 -9712 and PATRICIA J POEHLER, whose address is 4251 S <br />WISEMAN RD, SHELTON, NE 68876; HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is <br />North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary "), and Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE <br />68802 -1507 (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, 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 />THE NORTHWEST QUARTER (NW1 /4) OF SECTION 17, TOWNSHIP 11 NORTH, RANGE 12 WEST OF THE <br />6TH P.M.. HALL COUNTY, NEBRASKA AND THE EAST HALF OF THE SOUTHWEST QUARTER <br />(E1 /2SW1/4) OF SECTION 7, TOWNSHIP 10 NORTH, RANGE 12 WEST OF THE 6TH P.M., HALL <br />COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as RURAL ROUTE, SHELTON, NE 68876. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one 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 Borrower <br />or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Note. <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 />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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />mn <br />.. <br />o ---i <br />cz <br />C <br />rSrr <br />cn <br />a <br />1 ti� <br />=3 <br />z <br />z <br />iZ <br />r.r.r <br />G� <br />Cn <br />-Tt <br />_; <br />717 r7i <br />rn <br />r— _Zy <br />r- y,, <br />cn <br />cn <br />Q <br />I> <br />CZ) <br />Cn <br />CD <br />N <br />C:7 <br />Q <br />Cr1 <br />CD <br />r1] <br />CJl <br />Q <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch 200502050 <br />2015 North Broadwell <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />.Z <br />C% <br />DEED OF TRUST A16- , Cru <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $375,000.00. <br />THIS DEED OF TRUST is dated February 10, 2005, among GERALD H POEHLER, whose address is 4251 S <br />WISEMAN ROAD; SHELTON, NE 68876 -9712 and PATRICIA J POEHLER, whose address is 4251 S <br />WISEMAN RD, SHELTON, NE 68876; HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is <br />North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary "), and Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE <br />68802 -1507 (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, 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 />THE NORTHWEST QUARTER (NW1 /4) OF SECTION 17, TOWNSHIP 11 NORTH, RANGE 12 WEST OF THE <br />6TH P.M.. HALL COUNTY, NEBRASKA AND THE EAST HALF OF THE SOUTHWEST QUARTER <br />(E1 /2SW1/4) OF SECTION 7, TOWNSHIP 10 NORTH, RANGE 12 WEST OF THE 6TH P.M., HALL <br />COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as RURAL ROUTE, SHELTON, NE 68876. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one 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 Borrower <br />or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Note. <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 />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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />