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<br /> <br /> ..... <br /> f3 <br />~~ c:r.> <br />C- <br />c= <br />r- <br />--..J <br />..., ti <br />0 <br />/'Tl r :D <br />nl ::3 <br />Cl <br />V) ...... <br /> I-l <br /> G.) <br /> --..J <br /> <br />I'\.) <br />is <br />is <br />(j) <br />is <br />(j) <br />is <br />CJ"I <br />I'\.) <br /> <br /> <br />t'\ <br />~~ <br />nCA <br />;Il;;:E: <br /> <br /> <br /> <br />;;0 <br />rn <br />el <br />Z <br />o <br />k' <br /> <br />~........O <br />~.~ <br />nx <br />'" <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 68803 <br /> <br />C"l(/l <br />0-1 <br />C:::P- <br />:z-1 <br />-if'Tl <br />-<0 <br />o -., <br />"T1z <br />::::c f"Tl <br />:t;.. 0:) <br />r- ::l:l <br />r> <br />(f) <br />;::><; <br />:t;.. <br />-.,-" <br /> <br />en <br />(j) <br /> <br />~ <br />Oar <br />rv[ <br />~Gi' <br /> <br />O'>:J <br />o~ <br />0'>3 <br />0(1) <br />Ulj:l. <br />N~ <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />11'5, 50 <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 June 28, 2006, among GERALD G ALDANA and SHANNON M ALDANA; <br /> <br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br /> <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br /> <br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 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 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 "Real Property") located in HALL <br /> <br />County, State of Nebraska: <br /> <br />LOT TWO (2), NAGORSKI SUBDIVISION, GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 1104 N POPLAR 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 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 $50,000.00. <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 (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 <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 Note, this <br />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 tenantable condition and promptly perform all repairs, replacements, and <br />