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<br />() E <br />:r: <br />n1 <br />0 :t I <br />" <br /> ,r--......;:) <br /> c;;.,,.1- (") (f) <br /> = <br /> "'-.,'t --..:J C> -; C> <br /> ..........., '.. = c: ~ G;- <br /> ::u ~\.\, ~ Z --.j N <br /> ITl --l -1 rr: <br /> C) -< 0 - <br /> '<~~ N 0 I <br /> <.-:> 0 ., 0 <br /> .n'1't N -q z <br /> <:::,) (:\. ::c rTI --,J <br /> fT"l &l , :n ~ C') C) <br /> n, :3 r- ;l.J <br /> CJ f, r 1:.- CD <br /> (f) I-> (/1 <br /> ~ C) ;:x; c::> ~ <br /> :D0- l-> <br /> GJ --......--...... <br /> -...] Vl CO <br /> V> <br /> <br />10 <br />m <br />." <br />C <br />n Z <br />~~~ <br />Q:c <br /> <br /> <br />1'0 <br />S <br />S <br />-.....J <br />S <br /><D <br />S <br />~ <br />CO <br /> <br />'RLtC)\y': XYI/'c... <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island. NE 68803 <br /> <br />DEED OF TRUST <br /> <br />FOR RECORDER'S USE ONLY <br />40 . S() <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $98,000.00. <br /> <br />THIS DEED OF TRUST is dated October 12, 2007, among SHANE LEE STAVA and LISA DIANE STAVA; <br />Husband and Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and (referred to <br />below as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuable consideretion. 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 Two (2) in Block Three (3) Key-Dee Subdivision, Hall County, Nebraska, EXCEPTING a tract of land <br />more particularly described in Warranty Deed recorded as Instrument #91-102667 as the Southerly Two. (2) <br />feet thereof. <br /> <br />The Real Property or its address is commonly known as 1607 ROBERTA AVE, GRAND ISLAND, NE <br />68803-6337. The Real Property tax identification number is 400050951 . <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 Trustor so long as Trustor complies with all the terms of tha Credit Agreement. Such advances may <br />be made, repaid. and remade from time to time. subject to the limitation that the total outstanding balance owing at anyone time. not <br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement. any temporary overages. <br />other charges. and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph. shall not <br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and lender that this Deed of Trust secures the <br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit limit as provided in the Credit Agreement <br />and any intermediate balance. <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 (B) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br /> <br />PA YMENT 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 Credit <br />Agreement, this 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 />