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Ji~ =- ~i fa .;10 ~ ~ N m 00 S -n c::::o CA c:7;J o -l S , c: :c ~~ el>- m n Z :D z-l S n 0 -0 -lm W J: ;:;0 0 (: <.TI m > ~ -<0 w (') en N 0-" 0 s " :J: 0 -., - " :z 0") ::3 0 r :r: m g m -0 l> CD 0 m ::3 r- ;:u 0 r- l> W ! Vl 0 V. C.iJJ ;::><:; U1 l> W "" ...........'............. :2 : CD (I') 0 (J) 0 WHEN RECORDED MAIL TO: Five Points Bank North Branch 2015 North Broadwell Grand Island, NE 68803 FOR RECORDER'S USE ONLY DEED OF TRUST ~ MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $50.000.00. ~ THIS DEED OF TRUST is dated April 18. 2006. among DOUGLAS J HERBEK and TENA L HERBEK; HUSBAND '-' AND WIFE ("Trustor"); Five Points Bank. whose address is North Branch. 2015 North Broadwell. Grand Island. NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee in trust. WITH POWER OF SALE. for the benefit of lender as Beneficiary. all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County. State of Nebraska: LOT ELEVEN (11). WESTWOOD PARK EIGHTH SUBDIVISION. GRAND ISLAND. HALL COUNTY. NEBRASKA The Real Property or its address is commonly known as 409 BEACHWOOD DR. GRAND ISLAND. NE 68803. The Real Property tax identification number is 400420546. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by lender to Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in 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 advances (excluding interest) exceed in the aggregate $50,000.00. 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 and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND All OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOllOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this 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. and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe