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~~ <br />.~..~~ <br />m <br />n <br />~ <br />~ <br />c.c> <br />" " <br />o --, <br />° <br />~ <br /> <br />Fttttal.~ <br />s <br />~ i <br />N - ~ ~ `~ <br />~ ~ C~ <br /> <br />~,,.~ <br />~ ~,. <br /> <br />_ <br /> <br />~ ° ~ <br /> <br />~-7 ~.. ~- <br /> <br />rV <br />~ , <br />o -~, <br /> <br />~ v <br /> <br />y <br /> <br /> <br /> <br />~ ~~ ~ ~ ~ I'_ '~ C.rl SCI <br />~ 0 }~ ~ ~ <br /> <br /> <br /> <br />0 <br />'~~ r ~i~IV ". ~ ii., o -t D <br />WHE RE ORDED MAIL TO: <br />Five Points Bank ~'p g~ ~tj D'~ ~,/ ~ <br />South Branch ~ ~ gp Z / ~ ' <br />3111 W. 5tolley Pk. Rd. <br />Grand Island NE.. 68$01 FOR RECORDER'S USE ONLY <br />FIVE POINTS BANK <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 525,000.00. <br />THIS DEED OF TRUST is dated June 75, 2009, among MATTHEW G MCNAMARA and MICHELLE L <br />MCNAMARA; HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is South Branch, 3111 W. <br />Stolley Pk. Rd., Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as <br />""Beneficiary"1; and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68$02-1507 (referred <br />to below as "Trustee"). <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 rightsl; and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, Ithe "Real Property") located in HALL <br />County, State of Nebraska: <br />LOT TWREE 13), IN BLOCK ONE (1) IN BRENTWOOD SECOND SUBDIVISION IN THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 3114 BRENTWOOD DR, GRAND ISLAND, NE <br />68801-7221. <br />FUTURE ADVANCES. In addition to the Nota, 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, witheut 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 525,000.00. <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 />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 161 PERFORMANCE OF ANY AND ALL pBLIGATIONS <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 />PAYMENT ANb PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this bead of Trust as they becpme 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 />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 />'Possession and Use. Until the occurrence of an Event of Default, Trustor may 11) remain in possession and control of the Property; <br />(21 use, operate or manage the Property; and 13) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and <br />