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<br /> '10 n S <br /> m % ~~ <br /> -n m r-..:> <br /> c: n :r: =:> ("") (Jl <br /> z ~ <br /> n ?" --.;J 0 -i <br /> :J: .....~ C tJt) c:: ~ ~i! <br /> ~ z -i <br /> m .ti'tI -l ITI <br />l\.) n ~ """"0 -< 0 oG' <br />C9 ;:/'l\ ~ 0 ,.., <br />C9 <br />-..J c:.c ., z ~~ <br />C9 \;;} l:t, -r rTl <br />CO fTl ::0 :t; G'J <br />C9 C) fTl r :3 r :..0 <br />m 0 r :t> <br />U1 Y> (f) ~i <br /> c.D ;::0<; <br /> :t> <br /> -C ~"~ <br /> 0 en CJ12 <br /> (j) 0 <br /> <br /> <br /> <br />R d E t\.V: KatAIj <br />WHEN RECORDED MAil TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 <br /> <br />d., .-V" <br />'TV'..,) <br /> <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 $25.000.00. <br /> <br />THIS DEED OF TRUST is dated September 17. 2007. among MARION W DICK. A SINGLE MAN ("Trustor"); <br /> <br />Five Points Bank. whose address is West Branch. 2009 N. Diers Ave.. Grand Island. NE 68803 (referred to <br />below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points Bank. whose address is P.O <br />Box 1507. Grand Island. NE 68802-1507 (referred to below as "Trustee"). <br /> <br />CONVEY ANCE 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 />lot One (1). Huebner Subdivision. Hall County. Nebraska. <br /> <br />The Real Property or its address is commonly known as 6463 W WOOD RIVER RD. AlDA. NE 68810-9645. <br />The Real Property tax identification number is 400386224. <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 $25,000.00. <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 (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 />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />