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;10 ""'.:0 m ~ ~ 0 :z tR -==> ({}. - 0 ~ c.o 0 -I c: ~....... c:: :r> N :D n Z z ----l m ~~ -"l-m ;Wp C rrl ......... 0 0 en ~-- ...<; 0 )> N t")cn .. 0 ."" Q C/) s ~:c "-1 U'1 " .~ (Q Z s I ~ t ::::c I'll CD 0 51 s m -0 l>- eD CJ S ,.." ::3 r :::u S I;:) 0 r :r> C?_ c N D (f) c.n s: C.T1 f-l ;::><: q m :to> f"V ~ ~ ..........-:''"--'' c.n en U1 ::2: en 0 WHEN RECORDED MAIL TO: Five Points Bank North Branch 2015 North Broadwell Grand Island. NE 68803 ~(p.oo FOR RECORDER'S USE ONLY FIVE PoiNTS BANK DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $115,000.00. THIS DEED OF TRUST is dated December 17, 2008, among BRIAN E BANGS and TAMMY T BANGS; HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, 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"). CONVEYANCE 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: LOTS ONE (1) AND TWO (2). BLOCK ELEVEN (11), FIRST ADDITION TO THE TOWN OF WOOD RIVER, HALLCOUNTY,NEBRASKA The Real Property or its address is commonly known as 1110 WALNUT ST, WOOD RIVER, NE 68883.9173. REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including. without limitation. a revolving line of credit. which obligates lender to make advllnces to Trustor so long as Trustor complies with all the terms of thll Credit Agreement. Such advanclls may be mede. rllpaid. and remade from time to time. subject to tha limitation that the total outstanding balance owing at anyone time. not including finance charges on such balance at II fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages. other chargas. and any amounts expended or advanced liS 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 Agraement from time to time from ;zero up to the Credit Limit as provided in the Credit Agreement and any intermediate belance. 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: PAYMENT 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 Proparty. ~