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`00501695 <br />n <br />M <br />n <br />PO <br />M <br />T <br />c <br />n z <br />D� <br />Z <br />nn <br />= D <br />n z <br />-F <br />V\ <br />UN <br />0 <br />m�` <br />(D <br />T� <br />M <br />rn <br />0 <br />s� <br />C <br />00 <br />F-+ <br />S <br />n cn <br />C) -i <br />z <br />.� m <br />o m <br />S Rl <br />D <br />r � <br />r n <br />D <br />U) <br />C] <br />C:D <br />0 <br />cn <br />C7 <br />►—A <br />Cn <br />CD <br />CJ-1 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $350,000.00. <br />THIS DEED OF TRUST is dated February 25, 2005, among HARRY C STALKER and PATRICIA P STALKER; <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 "); and Five <br />Points Bank, whose address is P.0 Box 1507, Grand Island, NE 68802 -1507 (referred to below as "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 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 />UNIT C -2 IN RIVERDALE HAMLET CONDOMINIUM PROPERTY REGIME, GRAND ISLAND, HALL COUNTY, <br />NEBRASKA, AS SHOWN ON THE PLAT AND PLAN FOR RIVERDALE HAMLET CONDOMINIUM PROPERTY <br />REGIME AND THE DECLARATION THEREOF, AND ANY AMENDMENTS THERETO, AND SUBJECT TO THE <br />DECLARATION GRANTS, COVENANTS, EASEMENTS, CONDITIONS AND RESTRICTION ESTABLISHING A <br />PLAN FOR CONDOMINIUM OWNERSHIP OF RIVERDALE HAMLET CONDOMINIUM PROPERTY REGIME, <br />AS SET FORTH THEREIN AND OF RECORD IN BOOK 176, PAGE 543, AND AS CORRECTED AS <br />INSTRUMENT #76- 001951, ALL AS CONTAINED IN THE RECORDS OF THE REGISTER OF DEEDS OF <br />HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 2707 AUGUST ST, GRAND ISLAND, NE 68801. The <br />Real Property tax identification number is 400082659 <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 Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $350,000.00. <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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />X, <br />3 <br />CD <br />a�F <br />Z <br />O <br />