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<br />WH~~~~6~~td' MAIL TO:
<br />
<br />Five Points Bank P&-fl"'t 6CJ7
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island. NE a88e-S (., ~I' ~ 2--
<br />
<br />;2 .f. 5 ()
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />FIVE PoINTS BANK
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated February 27, 2009, among LINDA L GREEN and KEVIN S GREEN, whose
<br />address is 4246 NORSEMAN AVE, GRAND ISLAND, NE 68803-2210 ("Trustor"); Five Points Bank, whose
<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 Five Points Bank, whose address is P.O Box 1507, Grand
<br />Island, NE 68802-1507 (referred to below as "Trustee").
<br />
<br />CONVEY ANCE 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 Twenty Three (23), in Le Heights Fourth Subdivision, in the City of Grand Island, Hall County,
<br />Nebraska.
<br />
<br />The Real Property or its address is commonly known as 4246 NORSEMAN AVE, GRAND ISLAND, NE
<br />68803-2210.
<br />
<br />REVOL VING 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 any ona 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 overages.
<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 (AI PAYMENT OF THE INDEBTEDNESS AND (8) 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 />
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