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<br /> <br /> <br /> iIO n n <br /> m :I: ~ <br /> -n m (A l; <br /> c: n ::J: <br /> Z ~ <br />n ?\o': =.:> 0 (f) <br />~ CI ~ <br />3! en ~~ ,..,..:J 0 ~ <br />~ .. ~ c:: );:>. <br />en ;xJ t' z -4 <br />:lJ'lI: ::z: c:::: -i m 0(1: <br /> '"'1\- .c:;J <br /> -< 0 <br /> ~~- N 0 ..,., 0_ <br /> \J\ ...., CO ..,., Z ~~ <br /> Q 0 tj.~ ::r rTl <br /> rt'1 :D t>- el} <br /> nl t :3 r- ::0 <br /> 0 r :Po ~~ <br /> VI ........ en <br /> 0 ='" <br /> l> en ..... <br /> N ---- ~ <br /> f"\,) (;tl CO <br /> en <br /> <br />N <br />is <br />G <br />""..J <br />is <br />""..J <br />0J <br />0) <br />CO <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 68803 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />I/O, So <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $340,000.00. <br /> <br />THIS DEED OF TRUST is dated August 24, 2007, among BRAD A OGDEN and ANN M GLASER-OGDEN; <br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, whose 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 relatinQ 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 NINE (9), BLOCK THREE (3) SUMMERFIELD ESTATES FOURTH SUBDIVISION, IN THE CITY OF <br />GRAND ISLAND, HAll COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 1615 MEADOW RD, GRAND ISLAND, NE 68803. <br />The Real Property tax identification number is 400421216. <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 $340,000.00. <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 (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 />