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<br />WHEN RE RDED MAIL TO:
<br />Five Points Bank 7777
<br />'d ~ ~ K /s~
<br />West Branch !
<br />2009 N. Dters Ave.
<br />Grand Island NE 6880 F RDER' E ONLY
<br />Five Po~Nrs ~i41VK ~
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<br />
<br /> DEED OF TRUST ~'
<br />THIS DEED OF TRUST is dated August 5, 2009, among MICHAEL L GERMAN and MARSHA L GERMAN,
<br />whose address is 4356 W CAPTIAL AVE, GRAND ISLAND, NE 68803 ("Trustor"1; Five Points Bank, whose
<br />address is West Branch, 2009 N. Diets Ave., Grand Island, NE 68803 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"); and Five Paints Bank, whose address is P.O Box 1507, Grand
<br />Island, NE 68802-1507 (referred 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 (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") IOCated in HALL
<br />County, State of Nebraska:
<br />Lot One (11, in Buck Subdivision in the City of Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 4356 W CAPTIAL AVE, GRAND ISLAND, NE 68803.
<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 Gredit Agreement. Such advances may
<br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not
<br />including finance charges on such balance at a fixed or variable rata 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 Credit Limit as provided in the
<br />Gredit 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 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 frpm the Property. In addition, Trustor grants to Lander 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 IAI PAYMENT OF THE INDEBTEDNESS AND (BI PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENT5 ANp OBLIGATIONS UNDER TWIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANGE. Except as otherwise provided in this Dead 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 7rustor's obligations under the Credit
<br />Agreement, this peed 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 end Use. Until the occurrence of an Event of Default, Trustor may 11) remain in possession and control of the Property;
<br />(21 use, operate or manage the Property; and 131 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.
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