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<br /> <br />~~ <br />nU. <br />~x <br /> <br />i <br />z <br />~ <br />. . <br /> <br /> <br />~.~ (j) C> II <br /> ~.l. -l <br />(")::1: c_ ~ N <br />~ ;;:0 t ',- ::0 :z: -l <br />-l fT1 <br /> m ~ Z 0 <br /> ~~~ -< 0 <br /> N 0 "'T1 C> ~ <br /> -,., N "'T1 Z -..J <br /> C".:;J tl :c IT] , <br /> m r :n 1> CD c::> <br /> m :3 I :::0 <br /> '=' I 1> 0 <br /> (f> f-" (J) <br /> I-' ;::><; Ul <br /> ~ C> <br /> N ---- <br /> C> en CO <br /> (.f) ~ <br /> ~! 7. p-t> <br /> FOR RECORDER'S USE ONLY <br /> <br />N <br />s <br />iSl <br />......, <br />iSl <br />iSl <br />()'J <br />S <br />CO <br /> <br />~ <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 />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $1,000,000,00. <br /> <br />THIS DEED OF TRUST is dated January 18, 2007, among CENTRAL NEBRASKA HUMANE SOCIETY <br />INCORPORATED; A NEBRASKA CORPORATION ("Trustor"); Five Points Bank, whose address is North Branch, <br />2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred <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 "Real Property") located in HALL <br />County, State of Nebraska: <br /> <br />LOTS FORTY (40). FORTY-ONE (41). FORTY-TWO (42) AND FORTY-THREE (43) OF FRANK P. BARKS' <br />SUBDIVISION NO.3 TO THE CITY OF GRAND ISLAND. HALL COUNTY. NEBRASKA. TOGETHER WITH <br />THE SOUTH THIRTY-THREE FEET ADJACENT THERETO OF VACATED EDWARD STREET PURSUANT TO <br />ORDINANCE #4804 OF THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. TOGETHER WITH <br />THE NORTH THIRTY-THREE (33) FEET ADJACENT TO SAID LOTS OF VACATED JERRY STREET <br />PURSUANT TO ORDINANCE #8258 OF THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 1312 SKY PARK RD, GRAND ISLAND, NE 68801. <br />The Real Property tax identification number is 400015102. <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 $1,000,000.00. <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 />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 (BI PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT <br />OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND All OF <br />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN <br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT. OR ANY OF THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND <br />ACCEPTED ON THE 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 />