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.. <br />70 <br />" <br />cn <br />. <br />c, cn <br />[i <br />b <br />CD <br />n <br />`� <br />�, <br />r\) <br />�J <br />C D <br />—I� <br />O <br />p <br />CJl <br />Cr <br />ca <br />l <br />-;- rn <br />:3 <br />„ <br />c <br />Z3 <br />r— <br />! <br />s <br />U> <br />Cfl <br />CA.) <br />cr) <br />2 <br />_. <br />O <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />"Your Hometown Bank" Rot. Env. <br />2015 N. Broadwell <br />P.O. Box 1507 0 <br />Grand Island NE 68802 -1507 FOR RECORDER'S USE ONLY <br />DEED OF TRUST SU <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $50,000.00. <br />THIS DEED OF TRUST is dated April 12, 2005, among CLARENCE P FETSCH; A SINGLE PERSON ( "Trustor "); <br />Five Points Bank, whose address is "Your Hometown Bank ", 2015 N. Broadwell, P.O. Box 1507, Grand Island, <br />NE 68802 -1507 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points <br />Bank, whose address is P.O Box 1507, Grand Island, NE 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 />LOT ELEVEN 111), ARGO SUBDIVISION, VILLAGE OF ALDA, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 11 MARS ST, ALDA, NE 68810 -9709. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor 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 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. If the Lender is required to give notice of the right to cancel <br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, <br />then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given. <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 $50,000.00. <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 <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 />PAYMENT 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 />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 />