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WHEN RECORDED MAIL TO: <br />Five Points Bank .pO 60 f ;SC) 7 <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 <br /> <br />mR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST ~ <br /> <br />THIS DEED OF TRUST is dated September 30,2005, among RUSSELL R WING and DIANA M WING, whose W\ <br />address is 3125 WESTSIDE ST, GRAND ISLAND, NE 68803-2339 ("Trustor"); Five Points Bank, whose 't <br />address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as ' <br />"Lender" and sometimes as "Beneficiary"); and (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 />County, State of Nebraska: <br /> <br />THE WESTERLY SIXTY-ONE (61') OF THE EASTERLY SEVENTY-FOUR FEET (E74') OF LOT FIVE (5), <br />BLOCK ONE (1) IN WESTERHOFF'S FIRST SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 3125 WESTSIDE ST, GRAND ISLAND, NE <br />68803-2339. <br /> <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may <br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at anyone time, not <br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary ovaragas, <br />other charges. and any amounts expended or advanced as provided In this paragraph, shall not exceed the Credit Limit as provided in the <br />Credit Agreement. It is the intention of Trustor and lender that this Deed of Trust secures the balance outstanding under the Credit <br />Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance. <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 EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER 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 Credit <br />Agreement, this 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 good condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br /> <br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of <br />