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• ^~ m <br />.~.~ ~ '~-'.. es' c~ <br />kt S , n ~ ~t ~ ~ ~' ~ <br />~• m <br />~~ ~~ i ~ ~1 ~`- ,a f k ter k~ r71 S. ri-~'~ ~y ~.~-1 f`~ <br />r.~ c n i rn~ ~~ a v <br />maw °~ w ~^ <br />~ ~^ ~, ~ r r• r~ :ao <br />~~ n ~ <br />N ~~ ._.. ~.. ~-.''' ~ <br />~.~ ~ ~ ~ ~ Z <br />~~ O <br />~.~. <br />_.._. <br />WHEN RECO D MAIL TO: <br />Five Points Bank <br />West Branch ~ d Box ~~D~ <br />2009 N. Diers Ava. <br />Grand Island ~ FOR REC RDER' E NLY <br />FIVE POINTS B~41VK .~ <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 6, 2009, among COREY L LUDWIG and HEATHER R LUDWIG; Husband <br />and Wife ("Trustor"1; Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE <br />68803 Ireferred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />whose address is P.O Box 1507, Grand Island, NE 68802-1507 Ireferred to below as "Trustee"1• <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 lincluding stock in utilities with ditch or irrigation rightsl; and all other ri hts, royalties, and profits relatingg to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (tie "Real Property") IpcatAd in HALL <br />County, State of Nebraska: <br />the Northerly Eighty 180) feet of Lot Twa 121 and the Southerly Twenty (20) feet of Lot Three l3), in West <br />North Lawn Addi#ion to the village of Wood River, Hall County, Nebraska <br />The Real Property or its address is commonly known as 1407 WEST ST, WOOD RIVER, NE 68883-9104. <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 lima, subject to the limtation that the total outstanding 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 Credk Limit as provided in the <br />Credit Agreement. It is 'the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit <br />Agreement from time to time from zero up to 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 Daed of Trust) all pf 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 />Coda 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, 15 GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNE55 AND (B) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATION5 UNDER 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 Credit <br />Agreement, this Daed 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 111 remain in possession and control of the Property; <br />12- use, operate or manage the Property; and (3) 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 />