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~~ <br />~~ <br />ter. <br />fV ~ <br />(C9D ~r~ <br />~ ~~ <br />V <br />~ - <br />~r~ <br />~~ <br />~~~ <br />~~ <br /> r-~,a <br /> <br />7nr <br />("9 <br />~ <br />_ ~ <br />~ Ca U~ <br />C:~ ~ , <br />u ~ m c~ .x~. <br />r ~, ~ ? ~ rv m <br /> 5 <br />~ <br /> <br />M ~ ~ <br />~ " ~ <br /> ~ - <br />,~ CJ <br />t ~ ~ CL~ <br />fl ~ <br />~ ~ <br />~~ ~ rat ~ <br />iC ,~, ~ n tz~ t~ vj <br /> <br /> ~ "~' to c <br /> O xa <br /> <br /> W cn F--' --~I <br /> Z <br />O <br />WHEN RECORDED MAIL TO: <br />Five Points Benk <br />North Branch [~/_ ,/~ v <br />2095 North Broadwell "~[~ <br />Grand Island, NE fi$$U3 FOR RECORDER'S USE ONLY <br />FIVE POINTS B,AWK <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $35,000.00. <br />THIS DEED OF TRUST is dated October 1, 2009, among SAM GRIMMINGER and PATRICIA KAY <br />GRIMMINGER; HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose .address is North Branch, 2015 <br />North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"-; and (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 ar <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; ell water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights; and all other ri hts, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, It~ie "Real Property") located In HALL <br />County, State of Nebraska: <br />THE NORTH FORTY FEET (40') OF LOT ONE (1) AND THE NORTH FORTY FEET (40') OF LOT TWO (2-, <br />EXCEPT THE WEST TWELVE FEET 112'1 OF LOT TWO 12-, BLOCK SEVEN (7'1, ARNOLD AND ABBOTT'S <br />ADDITION, CITY OF GRAND ISLAND, MALL COUNTY, NEBRASKA, IN ADDITION TO A VACATED <br />PORTION OF GREENWICH STREET <br />The Real Property or its address is commonly known as 1003 W 4TH ST, GRAND ISLAND, NE 68801. The <br />Real Property tax identification number is 400009048. . <br />CROSS-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 Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated ar unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party ar otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation tc repay <br />such amounts may be or hereafter may become otherwise unenforceable. <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 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 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 ANb PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED bOCUMENTS, 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 />,~;.: <br />