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<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />"Your Hometown Bank"
<br />2016 N. BroadweU
<br />P.O. Box 1507
<br />Grand Island, NE 68802-1507
<br />
<br />Ret. Env.
<br />Lr'~da.. D
<br />
<br />200600173
<br />
<br />---
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $50,000.00.
<br />
<br />THIS DEED OF TRUST is dated December 22, 2005, among THOMAS H FAUSCH and BARBARA A FAUSCH
<br />
<br />("Trustor"): Five Points Bank, whose address is "Your Hometown Bank", 2015 N. Broadwell, P.O. Box 1507,
<br />
<br />Grand Island, NE 68802-1507 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br />
<br />and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as
<br />
<br />"Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Benefjciary, all of Trustor's right. title, and interest in and to the following described real properlY, together with all existing .or
<br />subsequently erected or affixed building&, improvements and fixtures; all easements, rights of W6Y, and applirtenances; 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 />
<br />County, State of Nebraska:
<br />
<br />LOT TWO (2), SUMMERFIELD ESTATES SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />
<br />COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 1404 MEADOW RD, GRAND ISLAND, NE 68803.
<br />
<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 Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may
<br />be made. repaid, and remade from time to time, subject to the limitation that the toU I outstanding balance ow;ng ..t <lilY 001" tim~. no.
<br />inciudlng flnapce cha,p. on such balance at a fixed or varlable- i'ate-1lr sum as provided in the Credit Agreement. any temporary overagas.
<br />other char!)es, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the
<br />Credit Agreement. It is the intention of Trustor and lender that this Deed of Trust secures tha balance outstanding under the Credit
<br />Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any Intermediate balance.
<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
<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 />
<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 />
<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 Credit
<br />Agreement, this Deed of Trust, 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
<br />governed 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;
<br />(2) 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
<br />maintenance necessary to preserve its value.
<br />
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