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<br /> <br /> ,., i2~ m <br /> fl ~. .,-> C> (f) O~ <br /> lief <br /> ... ~~ % n:c .....q::;o o~ Nm <br />I\.) :;llC c:~ <br />\'S) t 0 c:... z~ 0 <br />\'S) en G\ ::0 ~rr1 C) >- <br />.. <br />CD nen :z: -<0 en <br />\'S) I :;llC% 0" c::> - <br />\'S) Z <br />\'S) N ""T1:z: ~5) <br />..... U\ '"f1 t\ :r: rn <br />-..J c;l }>CJ <br /> C> \J C <br /> rn l ,:::0 0;;: <br /> rn ::3 ,> <br /> Cl (f) c::>~ <br /> c.r> C,.) ~ <br /> }> ::5 <br /> c..J .......,.;."~ <br /> (:0 (;fl <br /> (j() <br /> <br /> <br /> <br /> <br />WHEN RECORDED MAil TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island. NE 68803 <br /> <br />C 45.50 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />FIVE PoINTS BANK <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $115,000.00. <br /> <br />THIS DEED OF TRUST is dated January 2, 2009, among JOHN K MORRIS, a married person and CYNTHIA R <br /> <br />MORRIS. his spouse ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br /> <br />Grand Island, NE 68803 (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 relatin!:l 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 TWO (2), BLOCK SEVENTY EIGHT (78), WHEELER & BENNETT'S THIRD ADDITION, GRAND ISLAND, <br /> <br />HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 417 E 15TH ST, GRAND ISLAND ,NE 68801. <br /> <br />CROSS-COllATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of either Trustor or Borrower to lender, or anyone or more of them, as well as all claims by lender against Borrower and Trustor <br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, <br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. <br /> <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by lender to Borrower or Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition <br />to the amounts specified in the Note, all future amounts lender in its discretion may loan to Borrower or Trustor, together with all interest <br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $115,000.00. <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 (B) 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />