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~~ <br />~ ~~ <br />fD ~"""~ <br />V ~~~ <br />Ul ~ <br /> <br /> <br /> <br /> <br /> ~. <br /> <br />~; n o <br /> <br /> Z <br />N <br /> <br /> <br /> ~ = <br /> <br />C1 ~ ~~~ <br />~ <br />c> cn <br />~ m <br /> <br />h = ~``~ A CU <br /> ` ~- +- ~ <br />~ rr ~ ~ --+ ~' ~ C7"1 <br /> i <br />n.y -~ ~ v <br /> ` ~ ~ ~ <br /> ~, CJl ~ ~. rA Cp <br /> ca ~~' ~ ~ ~ <br /> r-n <br />(' ~ c~ ~ r- ~ CJ"1 ~7 <br />"~ cn ~ <br />f.....a U) <br />~ <br />^~] C <br /> A Cl7 1'il <br /> ~ `"~. `. Z <br /> .~~ C/J ~I w...f <br /> Cn <br />0 <br />WF~~ RECORDEDpMAIL TO: <br />Five Points Bank .P~ ~ aX ~ 5 0 '7 <br />North Branch ~tij .] ~ <br />2095 North Broadwell <br />Grand Island, NE B$803 (~ ~p0~_ . FOR RECORDER'S USE ONLY <br />F1VE POINTS BANK <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 510,000.00. <br />THIS DEED OF TRUST is dated July 1, 2009, among RUSSELL D MCMILLAN and EILEEN C MCMILLAN; <br />HUSBAND AND WIFE ("Trustor"-, Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Five <br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trus#ee in true#, 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 pr irrigation rightsl; and all other rights, rpyalties, 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 />LOT TWELVE (12), EAGLE SUBDIVISION, WALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 611 LINDEN AVE, GRAND ISLAND , NE 68801. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the <br />advances are made pursuant tp a cpmmitment. Specifically, without limitation, this Deed of Trust secures, in addition tp the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan tp Trustor, together with all interest thereon; hpwever, in no <br />event shall such future advances (excluding interest) exceed in the aggregate S10,OOp.00. <br />Trustor presently assigns to Lender lasso known as Beneficiary in this Deed of 'trust) aH of 7rustor's right, titie, and interest in and to aii <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Cede 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 IA- PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED pF 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 pf the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Truster may j1- remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and 131 collect the Rents from the Property. <br />Duty to Maintain. Truster shall maintain the Property in good 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: 11- During the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />