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<br /> <br /> JQ ......., m <br /> .'1 <::::;:> (") (f) <br /> <::=> 0 ~ <br /> c:;o 0 -i <br /> c: as '~, c: > N <br /> Z ::z: -i <br /> '" \~f' c::: <br />N ~ C :z -i fTl 0 m <br />s :J: ~ ~> - -< 0 C <br /><S m " ~ 0 ..,., c:> ~ <br />co (') <::> -..] <br />S '" ::I: " ..,., z co <br />01 0 r ::r: fTl Z <br />...... rrl -0 1> en C> ~ <br /><0 0 n1 ::a r :::0 <br /><0 0 r :1> .en <br /> en (j) c: <br /> J-& ::><; ....... 3: <br /> po. CD m <br /> en - ---- ~ <br /> ....... (j) i'~~ co <br /> en Z <br /> 0 <br /> <br /> <br /> <br />'- <br /> <br />-&+ b'nv- :~rl' <br />WHEN RECORDED MAil TO: <br />Five Points Bank Po f.rl I So, <br />Downtown <br />370 N. Walnut "2....- <br />Grand Island. NE 688~ <br /> <br />~5:so <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 $15,000.00. <br /> <br />THIS DEED OF TRUST is dated June 13, 2008, among JUAN MUNOZ, A SINGLE PERSON and DElMI <br /> <br />RODRIGUEZ, A SINGLE PERSON. ("Trustor"); Five Points Bank, whose address is Downtown, 370 N. Walnut, <br /> <br />Grand Island, NE 68801 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five <br /> <br />Points Bank, whose address is P.O 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 />lot Three (3), Block Thirty-eight (38), of Russel Wheeler's Addition to the City of Grand Island, Hall <br /> <br />County, Nebraska <br /> <br />The Real Property or its address is commonly known as 309 E. 12th Street , 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 $15,000.00. <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 IB) 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 />