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<br /> <br /> ~ Q~ ~ <br /> mCl' <br /> C n::I :-<"'-> ~[ <br /> c;::",J (":> <br />N Z ~ ~ <br />n '"_I -.:J (":> <:::> <br />is :I: n c ....".\:, c: l> ~ <br />is > ~ = Z -~ r'-> <br />-..J m :;u ':-''' ':-:J <br />(') en (', -i -f r<l <br />is :r.: 1'1 -< - a <br /><0 ~ (;-) -- \~~: c ::J <br />is ('-.., c:\::: r0 C> "'TJ I <=> <br />-'" -T',~ r'-> " z <br />0) ,r -' <br /> I <;,;J \...'- :r: rf1 <br /> nl f \} ::0 1'. CD <::::) <br /> t"~ <br /> rrl " :3 r- ::IJ <br /> 0 r: r- p. CD <br /> v' ,........ (JJ <br /> II c::> ^ ~ <=> <br /> (, P- ......... <br /> GJ -- <br /> -..J (/) en <br /> (J) <br /> <br /> <br /> <br />Re+b~Y'- L/ndA... D. <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 />t.J &. '00 <br /> <br />FOR RECORDER'S USE ON;;Y <br /> <br /> <br />DEED OF TRUST J:fd b 5: Oct) - <br />o .. . T/fW <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $':i:;ee6~ <br /> <br />THIS DEED OF TRUST is dated October 12, 2007, among ARLINGTON REAL ESTATE LLC; A NEBRASKA <br />LIMITED LIABILITY COMPANY ("Trustor"); Five Points Bank, whose address is "Your Hometown Bank", 2015 <br />N. Broadwell, P.O. Box 1507, Grand Island, NE 68802-1507 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE <br />68802-1507 (referred to below as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuable consideratiol'i, Trustor conveys to Trustee in trust. WITH POWER OF SALE, for th& 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 o. <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 />LOTS ONE (1) AND TWO (2L RICHMOND FOURTH,SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br /> <br />COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 403 LEXINGTON CIRCLE, GRAND ISLAND, NE <br /> <br />68801 . <br /> <br />CROSS-COllATERALlZATlON. 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, whet,'er <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. <br /> <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by lender to Borrower or Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition <br />to the amounts specified in the Note, all future amounts lender in its discretion may loan to Borrower or Trustor, together with all interest <br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $1,000,000,00. <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 (6) 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 />