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<br /> p ;0 n t" <br /> :"" m ~ <br />1'0 ~ ~ <br />iSl """ <::::3 <br />E: 1(.-. --.3 <br />iSl Z () )1;1... <br />-.....J (..., ;;:" C- <br />iSl T- n t:J ~~' c::: <br />m f 1"11 j;'. ~::' ,." r- <br />1'0 (') (,I') to <br />W N <br />CD ;'1; ::r.: 0 w <br /> ~ <br /> 0 ~ <br /> ~ m -0 <br /> m t ::a <br /> w <br /> (j1 <br /> ...::: <br /> ..... <br /> co <br /> <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 />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $160.000.00. <br /> <br />C) (j) (11 <br /><:) -l 0 ::J <br />c:: 1> f'\,) (t <br />:z -:i [ <br />-l l'TI 0 <br />-< 0 <br />0 ...., <=> G? <br />...., :z: -J <br />::I: rTl :;- <br />)> CD <=> ~ <br />I ::xJ <br />r l> CD <br /> (j) <br /> ~ N i <br /> ~. w <br />~,~ <br />(p CD <br />(A Z <br /> ~) 0 <br /> <br />FOR RECORDER'S USE ONLY <br />~ <br />d <br />'~ <br /> <br />THIS DEED OF TRUST is dated July 23, 2007, among RONALD D EMKEN and TRINA J EM KEN; HUSBAND <br /> <br />AND WIFE ("Trustor"); Five Points Bank, whose address is "Your Hometown Bank", 2015 N. Broadwell, P.O. <br /> <br />Box 1507, Grand Island, NE 68802-1507 (referred to below sometimes as "Lender" and sometimes as <br /> <br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred <br /> <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 /> <br />County, State of Nebraska: <br /> <br />LOT ONE (1), RAINBOW LAKE SECOND SUBDIVISION, HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 1815 BASS RD, 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 $160,000.00. <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 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 />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />