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N <Sl S co <Sl c..n CJ) co -....J Q~ m c.n nz ~ \ l' t~ \.. ~. 10 m 2! Z S~ :c n % m n ~ <lET eNl/- k'1t7ffY J WHEN RECORDED MAIL: TO: Five Points Bank P D fj iJ f J:::; r) '7 West Branch 2009 N. Diers Ave. Grand Island, NE 6ssoi ,J.-. . '-"l..... ,.....J.:, :;1:1 5:" ~ ;,"t "",<:, <:) '\ -"1l ;;:; tt~) Pl o (,/) .........:1' C':,:) .:=:> co rn z -I m :0 m CI )> en Z ~ :0 C s: m ~ :z o ("") o c:: 2: --1 -< o " ~J;; f"Tl );,.~ Ul r :;:0 r- 1> if) ^ 1> (j) --1 :r> --i rr1 C) '1 c:::l N Cl C) CO c:::l c..n en CO -..J ('"- c.= r- N -0 ::3 ........... c...:> o --...-. --...- (.rl (J) FOR RECORDER'S USE ONLY ~ THIS DEED OF TRUST is dated June 26. 2008, among CHARLES R KOCH and ANN J KOCH; HUSBAND AND ~ WIFE ("Trustor"); Five Points Bank. whose address is West Branch. 2009 N. Diers Ave.. Grand Island, NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points Bank. whose address is P.O Box 1507. Grand Island. NE 68802-1507 (referred to below as "Trustee"). DEED OF TRUST CONVEY ANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust. WITH POWER OF SALE, for the benefit of lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HAll County. State of Nebraska: See Attached "Exhibit A" The Real Property or its address is commonly known as 401 W PINE ST, DONIPHAN. NE 68832-9668. REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including. without limitation, a revolving line of credit. which obligates lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may be made. repaid, and remade from time to time. subject to the limitation that the total outstanding balance owing at anyone time. not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages. other charges, and any amounts expended or advanced as provided in this paragraph. shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance. 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 present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust. Trustor shall pay to Lender all amounts secured by 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 Agreement, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default. Trustor may (1) remain in possession and control of the Property; (2) use. operate or manage the Property; and (3) collect the Rents from the Property, Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. Trustor represents and warrants that the Property never has been. and never will be so long as this Deed of Trust remains a lien on the Property. used for the generation, manufacture, storage. treatment, disposal. release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution