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<br /> <br /> Ii' 2!~ (""") v: m <br /> - i1G 0 ~1 c::::> ~ <br />N . m <br />~ c: l-. <br />S ~ ," --I r'0 <br />S ~ z :0 <br /> n % t, -----i rr~ m <br />(Xl Z Pi C> <br />n :;lII\ ,- "-< 0 <br />s ~I % ~ C ~ '-') (' ~ ~ -..- C) <br />(Xl en Co -'~- I-" C) '1 C> fn <br />(Xl p; .. --" -..J "1 ~r.: <br />N ~ t~ CO 2: <br />...... ~ :c <::) --r r"l <br /> rt'1 !~ -U 1> C:':,7 c::::> ~ <br /> Q rTl ::3 r- ~lJ <br /> c.-;:J r > CO :0 <br /> , UJ (/l c: <br /> t-- w ^ CO ~ <br /> 1> r'0 <br /> W ---- ---- <br /> -..J (f) ~ <br /> (f) t5 <br /> <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />Downtown <br />370 N. Walnut <br />Grand Island, NE 68801 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />.:v- <br />~ <br />-', ~ <br />~o <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $30,000.00. <br /> <br />THIS DEED OF TRUST is dated October 17, 2008, among JUAN A MUNOZ, A SINGLE PERSON and DELMI A <br />RODRIGUEZ, A SINGLE PERSON ("Trustor"); Five Points Bank, whose address is Downtown, 370 N. Walnut, <br />Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <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 />County, State of Nebraska: <br /> <br />Lot Six (6), of County Subdivision of part of the South Half of the Southeast Quarter (S1/2 SE1/4) of <br />Section Sixteen (16), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, <br />Nebraska, excepting therefrom a tract of land deeded to the City of Grand Island, more particularly <br />described in Deed recorded in Book 46, Page 600 of the Deed records in the Office of the Register of <br />Deeds, Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 411 W CHARLES ST, 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 $30,000,00, <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 />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 />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 />