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,-r, DTI <br />rri in - 7 N <br />O <br />C) <br />O tP <br />rU,'r <br />t T+ r ?J C= <br />r n cn <br />U) �. Cn <br />�. �c r' 0, <br />CD �� W <br />3 O W Z <br />O <br />WHEN RECORD MAIL O: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 5, 2003, among VIRGIL DAMRATOWSKI and NAOMI L DAMRATOWSKI, <br />whose address is 2112 VIKING RD, GRAND ISLAND, NE 68803 -2246 ( "Trustor "); Five Points Bank, whose ' <br />address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as <br />"Lender" and 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, includin <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State of <br />Nebraska: <br />Lot Fifty-seven (57), Le Heights Fourth Subdivision in the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 2112 VIKING RD, GRAND ISLAND, NE <br />68803 -2246. <br />REVOLVING LINE OF CREDIT. Specifically, without limitation, this Deed of Trust secures a revolving line of credit, which obligates <br />Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may be <br />made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not <br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary <br />overages, other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as <br />provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding <br />under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Deed of Trust and any intermediate <br />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 />