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<br />-' <br /> <br />. ~ <br /> <br />-" <br /> <br />200601871 <br /> <br />WHEN RECORDED MAil TO: <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Broadwell <br />P.O. Box 1507 <br />Grand Island, NE 68802-1507 <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 $200,000.00. <br /> <br />THIS DEED OF TRUST is dated March 2,2006, among TOBY l COMER and KATIE R COMER; HUSBAND AND <br /> <br />WIFE ("Trustor"); Five Points Bank, whose address is "Your Hometown Bank", 2015 N. Broadwell, P.O. Box <br /> <br />1507, Grand Island, NE 68802-1507 (referred to below sometimes as "Lender" and sometimes as <br /> <br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802.1507 (referred <br /> <br />to below as "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 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 "R.eal Property") located in HALL <br /> <br />County, State of Nebraska: <br /> <br />THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW1/4NW1/4) AND LOTS ONE (11 AND <br /> <br />TWO (2). LYING SOUTH OF INTERSTATE HIGHWAY 80, ALLIN SECTION NINE (9), TOWNSHIP NINE (9) <br /> <br />NORTH, RANGE ElEVEN (11), WEST OF THE 6TH P.M., HALL COUNTY,NEBRASKA, EXCEPTING A <br /> <br />CERTAIN TRACT DEEDED TO THE STATE OF NEBRASKA RECORDED IN BOOK 136, PAGE 541; <br /> <br />EXCEPTING A CERTAIN TRACT DEEDED TO THE STATE OF NEBRASKA RECORDED IN BOOK 137, PAGE <br /> <br />317, AND EXCEPTING A CERTAIN TRACT DEEDED TO LARRY D. WOITASZEWSKI RECORDED AS <br /> <br />DOCUMENT #88-106922 <br /> <br />CROSS-COLLATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities. plus interest <br />thereon, of Trustor to Lender, or anyone or more of them, as well as all claims by Lender against Trustor or anyone 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. <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 <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 $200,000.00. <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 <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 IA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL 08L1GATlONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />