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<br />WHEN RECORDED MAIL TO: 200500913 O
<br />Five Points Bank loo 8 O x / S 0 `�
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST►
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $75,000.00.
<br />THIS DEED OF TRUST is dated January 31, 2005, among NORMAN J KIRSCHBAUM and MADELEINE R
<br />KIRSCHBAUM, HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N.
<br />Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary "); and Five Points Bank, whose address is P.0 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 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 />The West 66 Feet of the East 132 Feet of Block Seventeen (17) of Koehler Subdivision, being a part of the
<br />SE1 /4SW1/4 of Section Fifteen (15), and part of Lot Fourteen (14) of the County Subdivision of the
<br />W 1 /2SW 1 /4 of Section Fifteen (15), all being in Township Eleven (11), North, Range Nine (9) West of the
<br />6th P.M., all as surveyed, platted and recorded in Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 114 EAST BISMARK ROAD, GRAND ISLAND, NE
<br />68801.
<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 Note.
<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 (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 />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 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 (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 />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
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<br />WHEN RECORDED MAIL TO: 200500913 O
<br />Five Points Bank loo 8 O x / S 0 `�
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST►
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $75,000.00.
<br />THIS DEED OF TRUST is dated January 31, 2005, among NORMAN J KIRSCHBAUM and MADELEINE R
<br />KIRSCHBAUM, HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N.
<br />Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary "); and Five Points Bank, whose address is P.0 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 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 />The West 66 Feet of the East 132 Feet of Block Seventeen (17) of Koehler Subdivision, being a part of the
<br />SE1 /4SW1/4 of Section Fifteen (15), and part of Lot Fourteen (14) of the County Subdivision of the
<br />W 1 /2SW 1 /4 of Section Fifteen (15), all being in Township Eleven (11), North, Range Nine (9) West of the
<br />6th P.M., all as surveyed, platted and recorded in Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 114 EAST BISMARK ROAD, GRAND ISLAND, NE
<br />68801.
<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 Note.
<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 (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 />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 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 (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 />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />
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