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m <br /> ,-., z <br /> <br />' n~ <br />gar <br />S <br />~ <br />~ <br />`~ c~ cn <br />c n <br />o <br /> cn - ~. ~ rv <br />~ ~ " Z ~ ~ _ <br />---r _.., c~ ~ <br /> l <br />y ~ o <br /> <br />~ trn1 ~ • • ~, cn ~, ;~ ~ z <br /> <br /> <br />N c-a r n -^.-~ ~ <br />~ <br />~~ cn F..., ~ ~ m <br /> <br /> <br /> ~ Iv <br /> ~ <br />WHEN RECORDNwD IVIAIL TO: <br />Five Points Sank ~]~ O~ ~S~ <br />Downtown P <br />518 N Eddy <br />Grand Island NE 68'aQ1 !c ~'d~d ~- FOR REC RDER'S USE ONLY '~~ <br />FivE Pornrrs BANK <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 520,135.50. <br />THIS DEED OF TRUST is dated September 30, 2009, among DONALD E PREISENDORF and DONNA J <br />PREISENDORF, HUSBAND AND WIFE ("Trustor"1; Five Points Bank, whose address is Downtown, 518 N Eddy <br />Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Five Points Bank, whose address is P.O Box 7 507, Grand Island, NE 68802-1507 (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 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, IthB "Real Property") IOCated in HALL <br />County, State of Nebraska: <br />THE SOUTH ONE HALF (S1/2) OF LOT FIVE (51. IN BLOCK NINETEEN 119), IN WALLICH'S ADDITION TO <br />THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 513 N ADAMS ST, GRAND ISLAND , NE 68801. <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 $20,135.50. <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 Tp SECURE (Al PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIpNS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED pF 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 Note, this <br />Deed 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 />(~) use, aparate or manage the Property; and 131 collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />