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<br /> ;0 n E <br /> m % <br /> 'TI <br /> c: m <br /> n ::c <br /> ~~ Z '" r" g- <br /> O C"-' 0 lj) <br /> <:::> C) <br /> !{' "'- -..JI G> '-1 fir <br /> ",.,),:l., c:: :t> N <br /> n'(n ...... -1 <br /> ~\, ~'-' ::z: a <br />1'0 11\% ::0 c:::: -l 111 C) <br />e rrl l.;~ C"J -< <br />e ~c{.~ 0 ar <br /> w 0 ." C> <br />-.J ....... ." <br />lSl '1 :z: -.,] <br />-.J Us ::c: (T1 - <br /> c;:l ~I <br />CJ'1 rn ::D l> co <br />lSl rrl ~ ::3 r- :::u <br />---" I;::;J r- :P- <br /> C/> lj) <br /> c..o ;:>0:; <br /> ~ ):> <br /> Ul ~""'-'" <br /> co (f) <br /> (f) t; <br /> <br /> <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch PO e D X /:50'1 <br />2015 North Broadwell <br />Grand Island, NE 68803 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />*. <br />o <br />c <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $125,000.00. <br /> <br />THIS DEED OF TRUST is dated August 29, 2007, among DAVID W FOX and CINDY FOX; HUSBAND AND <br /> <br />WIFE ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island. NE <br /> <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and (referred to below as <br /> <br />"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 relatinll 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 />The East Fourteen Feet (14') of Lot Four (4) and all of Lot Three (3). Block Nineteen (19). Morrill's Addition <br /> <br />to the City of Grand Island, Hall County. Nebraska <br /> <br />The Real Property or its address is commonly known as 2115 W KOENIG, GRAND ISLAND. NE 68803-5338. <br /> <br />CROSS-COLLATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of either Trustor or Borrower to lender, or anyone or more of them, as well as all claims by lender against Borrower and Trustor <br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, <br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable, If the lender is <br />required to give notice of the right to cancel under Truth in lending in connection with any additional loans, extensions of credit and other <br />liabilities or obligations of Trustor to lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such <br />notice is given, <br /> <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Note. <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 IB) 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />