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<br />I\.) <br />IS <br />IS <br />-....,J <br />IS <br />IS <br />-....,J <br />I\.) <br />IS <br /> <br /> <br /> <br /> <br />:::0 <br />::3 <br />f-l <br />C) <br />r'\:) <br />CD <br /> <br />~ <br />"TI <br />c: <br />Z <br />p~ <br />(I) <br />::I: <br /> <br />~~ <br />n::J: <br />~ <br /> <br />r".......:) <br />C-...,.:,.;Jo <br /><C:::> <br />~ <br /> <br />...........1 <br />", <br />;:0 $.':.' <br />m M- <br />o ;.:- <br />O~~ <br />-.-, <br /> <br /> <br />c_ <br />::J:) <br />::z <br />w <br />C) <br /> <br />t <br /> <br />o <br />m <br />rn <br />o <br />(/l <br /> <br />~~0u/-j <br /> <br />WHEN RECORDED MAil TO: <br />Five Points Bank <br />West Branch PO B bY f So 1 <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 <br /> <br />n 0) <br />o -l <br />c:: )> <br />z-t <br />-....;r>1 <br />-<0 <br />0-" <br />-'1 Z <br />::x: f"'\'l <br />)> (!J <br />r :;n <br />r)> <br />(j) <br />;::0; <br />)> <br /> <br />-- <br /> <br />(fl <br />(j) <br /> <br />o <br />/"V <br />o <br />a <br />-J <br />a <br />o <br />--J <br />/"V <br />o <br /> <br />I <br />~ <br /> <br />I <br />:2 <br />o <br /> <br />FOR RECORDER'S USt: ONLY <br /> <br />DEED OF TRUST <br /> <br />T" <br /> <br />.;::, <br /> <br />= <br /> <br />o <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $12,592.00. <br /> <br />THIS DEED OF TRUST is dated January 25, 2007, among NITZEL & CO INC; a Nebraska Corporation <br />("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 <br />(referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points Bank, whose <br />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 />County, State of Nebraska: <br /> <br />The North Half of the West Half of the East Two Hundred Seventy (270) Feet of lot Thirteen (13) in <br />Vantine Subdivision, Hall County Nebraska and the South Eight (8) Feet of the East One Hundred Thirty <br />Five (135) Feet of lot Twelve (12) in Vantine Subdivision, Hall County, Nebraska and the East Two <br />Hundred Seventy {270) Feet of lot Thirteen (13) Excepting the North Half of the West Half, Vantine <br /> <br />Subdivision, Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 1119 S. Pine St., Grand Island, NE 68801. <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 $12,592.00. <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 />maintenance necessary to preserve its value. <br />