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<br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $1,500,000.00. <br /> <br />THIS DEED OF TRUST is dated October 1, 2007, among TIM C PLATE; A SINGLE PERSON ("Trustor"); Five <br /> <br />Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to <br /> <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and FIVE POINTS BANK, whose address is <br /> <br />2015 N BROADWELL AVE, GRAND ISLAND. NE 68803 (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 /> <br />County, State of Nebraska: <br /> <br />SEE ATTACHED EXHIBIT A <br /> <br />The Real Property or its address is commonly known as 503-505, 507-509 MEMORIAL DRIVE, GRAND <br /> <br />ISLAND. NE 68801. The Real Property tax identification number is 400055678, 400055686. <br /> <br />CROSS-COLLATERALlZATION. In addition to the Note. this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon. of Trustor to Lender, or anyone or more of them, as well as all claims by Lender against Trustor or anyone or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <br />may ba liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may ba or hereafter may become otherwise unenforceable. <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 tharaon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $1.500,000.00. <br /> <br />Trustor presently assigns to Lander (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 />~ <br />