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Diers Ave. "Z... <br />Grand Island, NE 68803\ <br /> <br />DEED OF TRUST <br /> <br />I'-.. j <br />.':;":=, <br />C~::) <br />O? <br /> <br />-'\'", <br />rn <br />o::J <br /> <br />~ <br />(X) <br /> <br />t.~:. <br />;:, <br />~ <br />J." <br />" <br />\' <br /> <br />::n <br />:::3 <br />t--> <br />c::) <br />.....c <br />-C <br /> <br />o U) <br />C) -; <br />C J:~ <br />Z -,~ <br />--I P'1 <br />.-( ( <br />c-> !l <br /> <br />., <br />," <br /> <br />rT'i <br />J'~ (II <br />:;u <br />I :.':;:;.. <br />(fl <br />7' <br />J;> <br /> <br />.................. <br /> <br />en <br />tn <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />o <br />~ <br />o <br />c::) <br />CO <br />C) <br />......... <br />cn <br />r,-) <br /><.J1 <br /> <br />m <br />;.:...:-: <br />-'i <br />fa <br />;:n <br />rn <br />t::J <br />"". <br />en <br /> <br />2 <br />(f) <br />....., <br />;:u <br />~ <br />:::~ <br />m <br />z <br />-i <br />2 <br />o <br /> <br />;<5 J 50 <br /> <br />THIS DEED OF TRUST is dated February 21, 2008, among TERRANCE 0 SCHRADER and KAREN M <br /> <br />SCHRADER; HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. <br /> <br />Diers Ave.. Grand Island. NE 68803 (referred to below sometimes as "lender" and sometimes as <br /> <br />"Beneficiary"); and Five Points Bank. whose address is P.O Box 1507. Grand Island, NE 68802-1507 (referred <br /> <br />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 /> <br />County, State of Nebraska: <br /> <br />lot Thirty-Nine (39) Argo Fourth Subdivision in the Village of Aida. Hall County. Nebraska. <br /> <br />The Real Property or its address is commonly known as 39 VENUS. AlDA, NE 68810. <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 the 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 this paragraph, shall not exceed the Credit Limit as provided in the <br />Credit Agreement. It is the intention of Trustor and lender that this Deed of Trust secures the balance outstanding under the Credit <br />Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement 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 Sj:CURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER 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 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 /> <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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of <br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release <br />of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the <br />