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<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 />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />4 () I SO
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $75,000.00.
<br />
<br />THIS DEED OF TRUST is dated January 2, 2008, among DANIEL P MCELLIGOTT and KRISTINE R
<br />
<br />MCELLIGOTT; HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is "Your Hometown Bank",
<br />
<br />2015 N. Broadwell, P.O. Box 1507, Grand Island, NE 68802-1507 (referred to below sometimes as "lender"
<br />
<br />and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.Q Box 1507, Grand Island, NE
<br />
<br />68802-1507 (referred to below as ';Yrustee").
<br />
<br />CONVEY ANCE'AND GRANT_For valuahle consideration. Trustor conveys to Trustee in tmst, WITH POWER Or: SAI.E, for the bt'ilefit of'
<br />Lender as Beneficiary, ali of Trustor's ri(Jht, title, and interest in and to th(l following described real property, tcgether with all exrsting or
<br />subsequently erectedo( affixod bUildings, improvements and fixtures; ,all easements, rights of way, ;lnd appurtenanses; all w3ter;watel'
<br />rights and ditch rig!1ts. (including stock in utilit'A,s with ditch or irrigation rights) ; and all other rights, royalties, and profits 1'81ating to the r",al
<br />property, including without limitatiof\ all minerals, oil, gas, geothermal .,nd similar matters, (the "Real Property'" located inHAtl
<br />
<br />County, State of Nebraska:
<br />
<br />lOT TWO (2), BLOCK SEVEN (7), REPlAT OF RIVERSIDE ACRES, CITY OF GRAND ISLAND, HAll
<br />
<br />COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as
<br />68801-7412.
<br />
<br />1404 GRAND AVE, GRAND ISLAND, NE
<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 $75,000.00.
<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 (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 />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 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 good 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 />
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