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<br /> N n ~ <br /> m :z: <br /> ~ m (/ <br />:>- ~...~ Z 0 ::;r <br /> 0 " <br />I\,) ~ <br />e ~ en <br />G;l X <br />""'-J <br />-->. '" <br />e <br />w () <br />01 <br />-->. <br /> <br />U4?4~ -..JvJ- <br />WHEN RECORDED MAIL TO: <br />Five Points Bank., <"'" <br />Downtown P (j) t5 ~;( / ,.) L' 7 <br />370 N. Walnut <br />Grand Island, NE 68801 <br /> <br /> rr\ <br /> ~ <br /> r~ ~ <br /> (::;..-' <::") <br /> C'~":JI en <br /> "-, --:0 0 --j a <br /> c.'1 c:: :r.. ~ <br /> ~\.' ...". -1 f"0 <br />.- r-r, ....,. <br />f'q C"'";) ---i m <br />c;-) ~,,-,,- -< (:) <::> - <br /><:;:. C,'t_ ....... <.:) " 0 ~ <br />~ f"0 ..., ~~ <br />~~,:'l lJ x rT'1 -.J <br />r~ ~\ ::0 1> ct.J f--'. ! <br />!1'1 <br />Cl ,', ::3 r-' ::lJ <br />'" ~ r b- e:> <br />f--'. (n <br /> 1--' ?<: W Z <br /> z:,. <br /> f-> -- U1 <<) <br /> m 0D ~ <br /> ,U) <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />:~0'\, <br />~ <br />'~~ <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $23,657.44. <br /> <br />THIS DEED OF TRUST is dated November 20, 2007, among TERI J FREDRICKSON, TERRY FREDRICKSON, <br />HUSBAND AND WIFE AND ROY FREDRICKSON and GENEVIEVE B FREDRICKSON HUSBAND AND WIFE. <br />("Trustor"); Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE 68801 (referred <br />to 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 />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 />County, State of Nebraska: <br /> <br />LOT ONE (1), STEHR'S SUBDIVISION, HALL COUNTY, NEBRASKA EXCEPTING A CERTAIN TRACTS <br />MORE PARTICULARLY DESCRIBED IN WARRANTY DEEDS RECORDED IN BOOK 98, PAGE 199 AND <br />DOCUMENTS 0200108374 AND 0200108375. <br /> <br />The Real Property or its address is commonly known as 2008 SEEDLING MILE, GRAND ISLAND, NE 68801. <br /> <br />FUTURE ADVANCES, In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not <br />the 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 Borrower, together with all interest thereon; however, in no <br />event shall such future arlvances ("lxcluding interest) excel'!rl in the ilggrf!gate $23.657.44. <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 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 /> <br />TRUSTOR'S WAIVERS, Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action. either judicially or by <br />exercise of a power of sale. <br /> <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note, <br />