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<br />. . <br /> JO On r',.:> ~i <br /> m ~ 0 (I) <br /> -n ::J:> c= <br /> c: ~CA ~, en 0 ---1 <br /> C l:>- <br /> no Z ",,% ::u ~' ::3 z ---1 <br /> 0 = ---1 rTl <br /> ~> ~ ~{~ :;:0 -< <br /> 0 o~. <br /> ncn 0"" f"'-> 0 '1 <br /> ",,::J: -rJ co -" ....... <br /> r "".- fJ) <br /> (::J ::r: nl <br /> rTl ::n ::>- = 0 <br /> fT1 ::3 r :;u <br /> 0 r :t> f"'-> <br /> (n (f) <br /> c.o A fJ) <br /> !> CJ1 <br /> ....c --- -- <br /> w (f) NZ <br /> (/) 0 <br /> <br /> <br /> <br />N <br />S <br />S <br />0) <br />S <br />N <br />0) <br />CJl <br />N <br /> <br />WHEN RECORDED MAil TO: <br />Five Points Benk <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 68803 <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 $26,000.00. <br /> <br />THIS DEED OF TRUST is dated March 23, 2006, among LEROY G COTE, not personally but as Trustee on <br /> <br />behalf of COTE FAMilY REVOCABLE LIVING TRUST ("Trustor"); Five Points Bank, whose address is North <br /> <br />Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "lender" and <br /> <br />sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE <br /> <br />68802-1507 (referred 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 Beneficiery, 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 relatinll 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 TEN (10), IN BLOCK SIXTY-FOUR (64) IN WHEELER AND BENNETT'S ADDITION TO THE CITY OF <br /> <br />GRAND ISLAND, HAll COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 1204 N VINE ST, GRAND ISLAND, NE 68801. <br /> <br />CROSS-COLLATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of either Trustor or Borrower to lender, or anyone or more of them, as well as all claims by Lender against Borrower and Trustor <br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect. determined or undetermined, absolute or contingent. liquidated or <br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, <br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay 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 Borrower, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $26,000.00. <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 (AI PAYMENT OF THE INDEBTEDNESS AND (BI 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />