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<br /> C <br />n <br />~~ ~ y" <br />rv ^-I <br /> = ~.... <br /> <br />~ rr~ ^ r'1'1 N G~ F,^..~ C] '^r't <br />~ ~~ ~ _ ~ crr ~+, ~. <br />~ rTt <br />CD v <br />~ <br />~ <br />~ +"a, p <br />r*~ ~ --~ ~ u~ ~ Z <br />N ~~~ <br />d7 ~ <br />W ~ <br />7~ ..~ ~ <br />r~"~ <br />' x} <br />. <br />. ~ ~ m <br />~ f <br />V . <br /> <br />~~ O <br />WHEN RECORDED MAIL TO: <br />Five Points Bank , `` Sd <br />North Branch /f •7 <br />2015 North Broadwell <br />Grand Island NE _f$$Q$ FOR RECORDER'S USE ONLY <br />FIVE PO-M'S BANK <br />DFFD OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $50,000.00. <br />THIS DEED OF TRUST is dated July 6, 2009, among DON R HARVEY and ROSELLA FRIESEN; HUSBAND AND <br />WIFE ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points Bank, <br />whose address is P.O Box 1507, Grand Island, NE 68802-1607 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable considaratian, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lander 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 />LOT TWO 12-, FOUR NEIGHBORS SUBDIVISION TO THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA. <br />The Real Property ar its address is commonly known as 2012 ILLINOIS AVE, GRAND ISLAND, NE 68801. <br />FUTURE ADVANGES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether ar not the <br />advances are made pursuant to a commitment. Specifically, without 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 S5Q,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 IA- PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOGUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST 15 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 Nate, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE pF THE PROPERTY. Trustor agrees that Trustar's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Usa. Until the occurrence of an Event of Default, Trustor may 11- remain in possession and control of the Property; <br />121 use, operate or manage the Prpperty; and (31 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 />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 />