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Diers Ave. <br />Grand Island NE 68803 FOR RECORDER'S U E QNLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 5, 2005, among ROGER W HUGHES and NELPHA P HUGHES, whose <br />address is 104 E 23RD ST, GRAND ISLAND, NE 68801 -2335 ( "Trustor "); Five Points Bank, whose address <br />is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and (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 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, §tate of <br />Nebraska: <br />The Westerly 46.55 Feet of Lot Four (4) and the Easterly 35.5 Feet of Lot Five (5) in Block Two (2), in <br />Knickrehm Fifth Addition to the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 104 E 23RD ST, GRAND ISLAND, NE 68801 -2335. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness Including, without limitation, a revolving line of credit, <br />which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such <br />advances may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any <br />one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any <br />temporary overages, other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit <br />Limit as provided In the Credit Agreement. It Is the intention of Trustor and Lender that this Deed of Trust secures the balance <br />outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided In the Credit Agreement and any <br />Intermediate balance. <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 Rents 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 EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER 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 Credit Agreement, this <br />Deed of Trust, 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust <br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />