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<br />WHEN RECORDED MAIL TO: ~
<br />Five Points Bank IOA ~ ~, (rj 0 7 a s. 5
<br />West Branch
<br />2009 N. Diers Ave. ~ g$0 Z
<br />ran 1 1 nd NE 6$803 FOR RECORDER'S E N Y
<br />~'rv~ ~r~rs ~uv~ __T _.
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated June 29, 2009, among RUSSELL K LICHTENWALTER and CAROLYN C
<br />LICHTENWALTER; HUSBAND AND WIFE ("Trustor"-; Five Points Bank, whose address is Wes# Branch, 2009
<br />N. Diers Ave., Grand Island, NE 68803 (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 68802-1507 (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 rights; and all other ri hts, royalties, and profits relatin to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (tie "Real Property") IOCate~ in HALL
<br />County, State of Nebraska:
<br />LOT TWENTY-SEVEN (271, BLOCK SEVEN 171, UNIT ONE CONTINENTAL GARDENS, AN ADDITION TO
<br />THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 2239 RUE DE COLLEGE, GRAND ISLAND, NE
<br />68803-7800. The Real Property tax identification number is 400038706.
<br />REVOLVING 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 ou#standing balance owing at any one 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. 1# is the intention of Trustor and Lender #hat this Deed of Trust secures the balance outstanding under the Credit
<br />Agreement from time to time from zero up #o the Credit Limit as provided in the Credit Agreement and any intermediate balance.
<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 TWE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THIS PEED OF TRUST. THIS DEEb OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed pf 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 obligatipns under the Credit
<br />Agreement, this bead of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Prpperty shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence pf an Event of Default, Trustor may 11- remain in possession and control pf the Property;
<br />12- use, operate pr manage the Property; and 131 collect the Rents from the Property.
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