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~"'~ m <br /> ~" <br />~.. <br />~i ~°, n <br />~ ~ <br />c~ <br />' ' ~ rn ~ ~ ~~. ~ c ~ ~ <br />~Iw <br />~ ~ _ ~` =~ ~ ~ rv ~ <br />m <br />~ n o <br />~ ~ <br />~ ~ ~, ~ <br />~ ~ ~ ~ ~~ d <br />ao ~ 7C Z ~ ~`~ rn `'~ <br />-P ~ ; <br />m ~v ~ ~ <br />I~ rz~ p <br />~I ~ ~ r- ~ ~ <br />W ~^ ~~ r- CA <br /> ~ ~ <br /> <br /> <br />~ "~ w a <br />. ~ <br />~ t ~~- '',~,~r <br />WHEN RECORDED MAIL~O: <br />Five Points Bank ~p ~~,,~ /ar p ~' <br />West Branch p~` j . 5 ~ <br />2009 N. Diers Ave. <br />Grand Island, NE 698fh7- l ~'~p Z~ FOR RECORDER'S U5E ONLY <br />FIVE PO--vTS BANK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated October 16, 2009, among BRIAN A CATCHPOOL; A SINGLE PERSON <br />("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and Five Points Bank, whose <br />address is P.O Box 1507, Grand Island, NE 6$802-1507 (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 stack in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relatin to the real <br />property, including without limitaticn all minerals, oil, gas, geothermal and similar matters, (the "Real Property°) IOCa#e~ in HALL <br />County, State of Nebraska: <br />LOT TEN (10) IN BLOCK TWO (2) IN CAPITAL WEIGHTS FOURTH SUBDIVISION, CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 4204 MICHIGAN AVE, GRAND ISLAND, NE <br />B8803-9012. The Real Property tax identification number is 400153599. <br />REVOLVING LINE OP CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lander to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreemen#. 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 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 Credit Limit as provided in the <br />Credit Agreement. It is the intention of Truster and Lender that- this i7eed of Trust assures-tFre ifaFance 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 ri fht, 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 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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS 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 Dead of Trust as they become due, and shall strictly and in a timely manner perform all of Trustcr's obligations under the Credit <br />Agreement, this Dead 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 />121 use, operate or manage the Property; and (31 collect the Rents from the Property. <br />Duty to Maintain. Trustor shalt maintain the Property iri good condition and promptly perform ail repairs, replacements, and <br />