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<br /> <br /> ..':"~ lh I <br /> ' c::..> 9 b <br /> ~ <br /> n ~ -.....s ,0 +-~ <br /> '" ~~ c: :P- N <br /> m :c (',,"- :t: -"-1 <br />N -n m ::u <;:). "- = --i rrl 0 <br />is c: (') ::t: ~~f :z:: -< 0 fr <br />is Z " c:::> <br />-..J n 0'" r"\.) 0 "'"T'1 <br />is % E 0 Ul "'"T'1 <br />is m (,I') ...., ...... -.J I <br />. . d,) ::r: rn <br />0) n ..c. Q 1> (l;J c:::> <br />is ~ ::r: r-rl t ::0 <br /><D ("Tl ::3 r ::u 0 <br /> 0 r 1"> <br /> c.n I-' (f) 0) <br /> ~ I-' ;::0:; <br /> 1> c:::> <br /> N ---- ---- <br /> ...r: (f) <.D 2 <br /> (f) " <br /> <br /> <br /> <br /> <br />4-1 E.ltt/ .' ~/'n/A, /). <br />WHEN'RECORDED MAIL TO: <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Broadwell <br />P.O. Box 1507 <br />Grand Island, NE 68802.1507 <br /> <br />-sit' . S- D <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 $12,000.00. <br /> <br />THIS DEED OF TRUST is dated January 17, 2007, among JAMES A PANOWICZ and CYNTHIA L PANOWICZ; <br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is "Your Hometown Bank", 2015 N. <br />Broadwell, P.O. Box 1507, Grand Island, NE 68802-1507 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE <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 Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together wi~h 011 exisling cr <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 reloting 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 FOUR (4), IN PLEASANT VIEW THIRTEENTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 829 E SOUTH ST, GRAND ISLAND, NE 68801.8085. <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 $12,000.00. <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 />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 good 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 />