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Box 1507 <br />Grand Island, NE 68802-1507 <br /> <br />DEED OF TRUST <br /> <br />FOR RECORDER'S USE ONL~ <br />---. <br />C <br />\::J <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $100,000.00. <br /> <br />THIS DEED OF TRUST is dated September 16, 2005, among LAURA J JOHNSON; A SINGLE PERSON, LONI K <br /> <br />DENNE AND DOUGLAS L DENNE, WIFE AND HUSBAND, ("Trustor"); Five Points Bank, whose address is <br /> <br />"Your Hometown Bank", 2015 N. Broadwell, P.O. Box 1507, Grand Island, NE 68802-1507 (referred to <br /> <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br /> <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 />LOTS TWO (2) AND FOUR (4). IN BLOCK SEVEN (7). IN UNIVERSITY PLACE, AN ADDITION TO THE CITY <br /> <br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 2621 W COTTAGE ST, GRAND ISLAND, NE 68801. <br /> <br />CROSS-COLLATERALlZATlON. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or anyone or more of them, as well as all claims by lender against Borrower or anyone or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower <br />or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <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 Borrower, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $100,000.00. <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 />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; (bl 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 />