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NE 68803 <br /> <br />~f <br /> <br />CJar <br /> <br />~f <br /> <br /> <br />-Cz <br />o <br /> <br />......~,- <br /> <br />-\ <br />FOR RECORDER'S USE ONLY \.. <br /> <br />.j ........\.~ <br /> <br />,\1<.> <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $70.000.00. <br /> <br />THIS DEED OF TRUST is dated December 7. 2006. among KEVIN L HARRIS and LISA A HARRIS; HUSBAND <br />AND WIFE ("Trustor"); Five Points Bank. whose address is North Branch. 2015 North Broadwell. Grand Island. <br />NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank. <br />whose address is P.O Box 1507. Grand Island. NE 68802-1507 (referred to below as "Trustee"). <br /> <br />CONVEY ANCE AND GRANT. For valuable consideration. Trustor conveY$ 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 />County. State of Nebraska: <br /> <br />LOT ONE HUNDRED THIRTY FIVE (135). BUENAVISTA SUBDIVISION. CITY OF GRAND ISLAND. HALL <br />COUNTY. NEBRASKA <br /> <br />The Real Property or its address is commonly known as 423 E HALL ST. GRAND ISLAND. NE 68801. The <br />Real Property tax identification number is 400028123. <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 $70,000.00. <br /> <br />Trustor presently assigns to lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br /> <br />THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY. IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND IS) PERFORMANCE OF ANY AND All OBLIGATIONS <br />UNDER THE NOTE. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOllOWING TERMS: <br /> <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br /> <br />Posses$ion 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) collec.t 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 />maintenance necessary to preserve its value. <br /> <br />Compliance With Environmental laws. Trustor represents and warrants to lender that: (1) During the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />