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~` <br />IV <br />~ ~~ <br />CD ~ <br />~ ~ <br />~h~ ~~ <br />~~ <br />~_ <br />wr~~ <br />~~ <br />, <br />:I 'r' ^ ~~ <br />, <br />, <br /> <br />C m <br />n ~ ~ <br />~ <br />~ <br />~ ~ <br />Im <br />~ ~ Z c <br />~ c~ ~ <br /> ~ ~ <br />N ~~'~. <br />* ~ c T~ fV ~ <br /> ~ ~ <br />, -~ ~ ~ C~ <br /> ~ <br />a ~ (~ ~ -rl ~ ~ <br /> °-ri ~~ 'Tt ~. G <br />(~ ~ <br /> n <br />U CJ l3; ~ rTl . C <br /> <br /> ~ '~ rW A G~ <br /> fl9 <br /> <br />~ <br />~~ -'i <br /> C.. 7 ~~ `+ ~~ Q <br /> f-~- ~ w <br /> cn <br />WHEN RECORDED MAIL TO: ~~ <br />Five Points Bank <br />North Branch ~ I <br />2095 North Broadwell <br />Grand Island. NE 68803 F R RECORDER'S U E NLY <br />F-vE POInn'S BANK <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 548,000.00. <br />THIS DEED OF TRUST is dated October 23, 2009, among LARRY W FOWLS; A SINGLE PERSON ("Trustor"1; <br />Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to <br />below sometimes as "Lender" and sometimes as '"Ban®ficiary"); and Five Points Bank, whose address is P.O <br />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 8enaficiary, 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 lincluding stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") locata~ in HALL <br />County, State of Nebraska: <br />SUITE N0. THIRTY ONE (311, AND GARAGE U, "D" WINDSOR SQUARE CONDOMINIUM PROPERTY <br />REGIME IN UNIT FOUR 14), LOT TWO 121. BLOCK EIGHT (8), REPEAT CONTINENTAL GARDENS, AN <br />ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The R®al Proper#y or its address is commonly known as 3027 W CAPITAL AVE #31 & GARAGE "U", GRAND <br />ISLAND, NE 68803. <br />FUTURE ADVANCES. In addition to the Nate, 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 ^eed 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 nc <br />event shall such future advances (excluding interest) exceed in the aggregate 548,000.00. <br />Trustor presently assigns to Lsnder (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 pF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IA1 PAYMENT OF THE INDEBTEDNESS AND IBl PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED pF TRUST. THIS DEED OF TRUST 15 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 11- remain in possession and control of the Property; <br />12- use, operate or manage the Property; and (31 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 />