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<br /> <br /> ;0 ~ <br /> m <br /> "'" m <br /> c: tJ"i <br /> :r .'-.p <br />i Z ,Jr..,".....:) .:;:~ <br />n (::::,~> ("') (f, -I <br />~ C ~~,~J 0 rn <br />:t: ~ --.l (2) --. ::0 <br />m ..........., c: ).;..... <br /> -IL r0 rl'1 <br />n (I) , "',,"'\. CJ -f <br /> ~", "~'''' :z CI <br />"" :t :":J C' 'TJ -1 1"'"1 0 <br /> 1"1 ('~ r.:l -< );)p <br /> C;;'") ~ :~".' '..... (') 0) <br /> (, "< ',~L. r-v C') ---ro C) Z <br /> 0 \- -.J "'Tl <br /> .""'1 ....'~,. --J (I) <br /> C0 <::J r'l'l -/ <br /> fT1 " " ::D :;.". t:' r---> ::rJ <br /> rn i"< ::3 r--- .::0 C) c: <br /> " r 1co. -"" <br /> <:=J " ~ <br /> (.(J (, r---> (0 en rn <br /> '.' c::J 7" ~ <br /> t- :t-- <.D <br /> C) '-'" '-'" z <br /> ~ (fl CO 0 <br /> (;1 <br /> <br />N <br />CSl <br />CSl <br />-...J <br />....... <br />CSl <br />0) <br /><0 <br />CO <br /> <br />Ref Eflv' r; YI ' <br />WHEN RECORDED MAil TO: <br />Five Points Bank fo, IS., : Ie -7 <br />Downtown 'f- ~o <br />370 N. Walnut 2-- <br />Grand Island, NE 68801- <br /> <br />J.f(.:,.O() <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 $60,000.00. <br /> <br />THIS DEED OF TRUST is dated December 24, 2007, among VIRGILIO JUAREZ and NORMA JUAREZ <br /> <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 />THE NORTHERLY FIFTY-SEVEN AND EIGHT TENTHS (57.8) FEET OF THE EASTERLY NINE AND SIX <br />TENTHS (9.6) FEET OF LOT NINE (9) AND THE NORTHERLY FIFTY-SEVEN AND EIGHT TENTHS (57.8) <br />FEET OF LOT TEN (10), BLOCK FIVE (5), ROLLINS' ADDITION, IN THE CITY OF GRAND ISLAND, HAll <br />COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 608 N EDDY ST, 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 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 $60.000.00. <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 (BI 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 tenantable 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 />