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<br /> Ci\ X>> 2~ <br /> ~ <br /> 0:.1 ,~ I nn z P:'" <br /> (/\. , ~:r <br /> , ~> 0 <br />N ~ <br />is ~ l1c:n <br />is ~::r: <br />CD <br />is -:t. <br />is <br />W ~ <br />...... <br />c..n <br /> ~ <br /> <br /> <br />~! <br />r~.' ...... <br />::0 ~' <br />~~~ <br /> <br />..,., <br /> <br /> <br />o <br />ITl <br />ITl <br />o <br />en <br /> <br />. .. <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island. NE 68801 <br /> <br />FIVE PoINTS BANK <br /> <br />DEED OF TRUST <br /> <br />~ <br />l <br /> <br />"'-> m <br />c:::=:> o (f) <br />~ o -1 0 Z <br />o;..c:;> rrI <br /> c:':t> N <br />~- z-1 <br />;:0 -1fT1 0 :0 <br />:z m <br /> -<0 C) 0 <br />N 0-"" ~ <br />c::> -""z CD <br /> ::I: P1 :z: <br />-0 > GJ 0 ~ <br />::3 r :;zJ C) <br />r :t> <br />.......... (f) W c: <br />N ;:><; s:: <br /> )> ...... m <br />...... ----........ U1~ <br />CD en <br /> (f) :z: <br /> 0 <br /> <br />15.50 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $37,500.00. <br /> <br />THIS DEED OF TRUST is dated December 18,2008, among NITZEL AND COMPANY aka NITZEL & COMPANY <br /> <br />INC; A NEBRASKA CORPORATION ("Trustor"); Five Points Bank. whose address is South Branch, 3111 W, <br /> <br />Stolley Pk, Rd.. Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as <br /> <br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred <br /> <br />to below as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For vlllullble considerlltion. 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 /> <br />County, State of Nebraska: <br /> <br />THE SOUTH HALF OF THE WEST HALF (S1/2W1/2) OF THE EAST TWO HUNDRED SEVENTY (270,0) <br /> <br />FEET OF LOT TWELVE (12). OF VANTINE'S SUBDIVISION LOCATED ON PART OF THE NORTHWEST <br /> <br />QUARTER (NW1/4) OF SECTION TWENTY -TWO (22), TOWNSHIP ELEVEN (11) NORTH. RANGE NINE (9) <br /> <br />WEST OF THE 6TH P.M.. IN HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 1115 SPINE ST, GRAND ISLAND, NE 68801-4612. <br /> <br />CROSS-COllA TERALlZA TION, 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 $37,500.00. <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 (AI 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 />