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<br />WHEN RECORDED MAIL TO: <br />Five Points Bank /u -f ~ J.i<..ik <br />West Branch ( <br />2009 N. Diers Ave. <br />Grand Island. NE 68803 <br /> <br /> ~ ~ <br /> <:::> o en <br /> <=:> ~I <br /> .:..rt O-i <br /> ~ c~ <br /> CI :z:-i <br />~ ~\... rn ........m <br />CJ -<0 ~~ <br />C) E- N 0"'" <br />o~ <br />"Tl c....> ""'z ~I <br />0 t ::I: Pl <br />on ::D :r>CJ:l <br />f11 ::3 r::l:J <br />0 r:r> <br />(fl (f) <br /> c.D ;;><; <br /> )> <br /> I'"'V .........,.........., ~..... <br /> 0) (f) 02 <br /> <.n 0 <br /> FOR RECORDER'S USE ONLY <br /> 90 -5 <br /> 0 <br /> <br />N ;'10 on <br />s m :r:> <br />\S) "TI <br />01 C m en <br />--lo. ill) Z Ox <br />N 0 '" <br />01 ~> ~ <br />N <br />S ncn <br />",:I: <br /> \J <br /> 0 <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $35,000.00. <br /> <br />THIS DEED OF TRUST is dated December 16, 2005, among MARK FORSBERG and JANICE FORSBERG; <br />Husband and Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as <br />"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 rela!ing to the real property, includinG <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In HALL County, State Of <br />Nebraska: <br /> <br />Lot Seven (7) in Buck Subdivision, Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 4312 W CAPITAL AVE, GRAND ISLAND, NE <br />68803-1413. <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 specified in <br />the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $35,000.00. <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 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 /> <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 />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 Note, this Deed of Trust, <br />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 governed <br />by the following provisions: <br /> <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 /> <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 /> <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />