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NE 68801.: <br /> <br />DEED OF TRUST <br /> <br /> ~ <br /> ni <br /> l~"'..)o :0 <br /> (;:;:;> C":l U) '0 m <br /> =.:> <br /> ""-.. , !;>O 0 -i 0 <br /> ;.-\' c ~ N )> <br /> <"- -i <br /> ')\- c::: :z en <br /> -i fT1 0 <br />~.... ~;. r;' :22 <br /><'''''-;;:..- -< 0 <br />N 0 ""T1 c::> en <br />o':~ N ""T1 CO ~ <br />'1 ~ <br /> t[ ::c 1'1 c: <br />0 J <br />rTl f -0 I'" co c::> s: <br />[Tl ::3 r :;;0 en m <br />0 r 1;>> ~ <br />UJ (J) f-V <br /> t--> ;;:0;: Z <br /> l> .....c 0 <br /> -C -- <br /> c::> (J) -.J <br /> (f) <br /> <br />;/;'00 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $700,000.00. <br /> <br />THIS DEED OF TRUST is dated July 7, 2008, among MATTHEW MASER and KRISTEN MASER; HUSBAND <br /> <br />AND WIFE ("Trustor"); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd" Grand <br /> <br />Island, NE 68801 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points <br /> <br />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 8S 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 THREE (3) IN MORNINGSIDE ACRES FOURTH SUBDIVISION IN THE CITY OF GRAND <br /> <br />ISLAND, HAll COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 1504 STAGECOACH RD, GRAND ISLAND, NE <br /> <br />68801-7377. <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 $700,000.00. <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 IAI PAYMENT OF THE INDEBTEDNESS AND IBI 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 />PAYMENT 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 />Poasession 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 />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 />