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~~ <br />~~ <br />~ ~"' <br />N ~_ <br />~ ~~ '~ <br />cD ~~ <br />~ ~~ <br /> <br />~~ <br />~~ <br />~~ ~'. <br />~, t <br />`_~ .° .., <br />r~ <br /> ~ n~ ~ <br /> '^ m i_n ~ <br /> <br />n <br /> <br />~ Z <br /> <br />~ <br />n <br />7C = <br />a <br />~~ c... <br />~; ~- <br />r*ti }. r° <br />ci <br />~~~~ ~ <br />~; <br />r*; ~ <br />Cn <br />G7 <br />C.J-I <br />c-~ v~ <br />~ --~ <br />c n <br />z - <br />~ m <br />~ ~, <br />~ ~7 <br />~ ... ,. <br />T ~..~ <br />~a Cn <br />r x~ <br />r-- <br />~c <br />A <br />Cn <br />rv <br />C~ <br />C~ <br />~~ <br />CJ1 <br />C.C] <br />r1] <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3171 W. Stolley Pk. Rd. <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />FIVEPOINTSBANK -~ <br />m <br />~m <br />O <br />'~.. <br />C <br />a <br />~-`~ <br />DEED OF TRUST ~ ~ <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 535,000.00. <br />THIS DEED OF TRUST is dated July 17, 2009, among RANDALL F RAPIEN and MARIANNE RAPIEN; <br />HUSBAND AND WIFE ("Trustor"1; Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., <br />Grand Island, NE 68801 (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 (referred to below as <br />"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 stack 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, Ithe "'R6al Property"') located in HALL <br />County, State of Nebraska: <br />LOT SEVENTEEN (17), BLOCK TWO 12), IN SOTHMAN'S SUBDIVISION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 1139 SOUTH LINCOLN, GRAND ISLAND, NE 6$801. <br />CR055-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Npte, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absclute or contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. If the Lander is required to give notice of the right to cancel <br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, <br />then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given. <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 to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Nate, 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 535,000.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this peed 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 PEED 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 IBI 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 />