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<br /> <br /> II .-..> <br /> ~~ <:::::> C') W <br /> <=> m <br /> . i, " ' ,. ~$ Cll:> C> ~ ,0 ~ <br /> S- o." \I m :0 c <br />N "'" Z -l N <br /> c:: '-0 -'i'f'T1 <br />S n::c ;:;0 0 ::IJ <br />S Q z "" -< 0 m <br />CO S ~ N 0 ...., 0 0 <br />S ~ L> "Tl ~ ...., z, )::- <br />W .. r CO en <br />w 0 :J: 1'1 <br />-f::>. ~ ::c ~ m \J l> CD c:> Z <br />S m ::3 r ::u ~ <br /> 0 r l> W <br /> U'l W <br /> , W ^ W c: <br /> }> ...L: :s:: <br /> J--.l --- ~ <br /> -.J en 0 <br /> u> <br /> 6 <br /> <br /> <br /> <br />WHEN RECORDED MAil TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />~ <br /> <br />C> <br />\:~ <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $150,000.00. <br /> <br />THIS DEED OF TRUST is dated April 18, 2008, among RANDAll M HARTMANN; A Single Person ("Trustor"); <br />Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to <br />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 /> <br />County, State of Nebraska: <br /> <br />EXHIBIT "A" <br /> <br />The Real Property or its address is commonly known as 12818 W HUSKER HWY, WOOD RIVER, NE 68883. <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 $150,000,00. <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 (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 />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 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 />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by lender in writing, (a) any breach or violation of any <br />Environmental laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />