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WH� RECORDED MAIL TO: <br />0 0 <br />Five Points Bank �0 ��r-� ^�� <br />West Branch / <br />2009 N. Diers Ave. <br />Grand Island. NE 6889,+-/o ��'d _FOR RECORDER'S USE ONLY <br />FIVE Pows BANK <br />1014402 *1 A111.1111AI <br />THIS DEED OF TRUST is dated October 19, 2009, among BRIAN E BANGS and TAMMY T BANGS; HUSBAND <br />AND WIFE ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, <br />whose address is P.O 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 />LOTS ONE (1) AND TWO (2), BLOCK ELEVEN (11), FIRST ADDITION TO THE TOWN OF WOOD RIVER, <br />HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 1110 WALNUT ST, WOOD RIVER, NE 68883 -9173. <br />REVOLVING LINE OF CREDIT, This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. 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 Trustor and Lender that this Deed of Trust secures the balance 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 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 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 Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit <br />Agreement, this 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 (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (3) 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 />maintenance necessary to ,preserve its value. <br />C <br />n <br />o <4 <br />C=D <br />-.q <br />IU <br />M <br />"^ <br />C/) <br />00 <br />4 <br />CD <br />CA <br />N <br />a <br />r <br />cep <br />C <br />^. <br />0 <br />WH� RECORDED MAIL TO: <br />0 0 <br />Five Points Bank �0 ��r-� ^�� <br />West Branch / <br />2009 N. Diers Ave. <br />Grand Island. NE 6889,+-/o ��'d _FOR RECORDER'S USE ONLY <br />FIVE Pows BANK <br />1014402 *1 A111.1111AI <br />THIS DEED OF TRUST is dated October 19, 2009, among BRIAN E BANGS and TAMMY T BANGS; HUSBAND <br />AND WIFE ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, <br />whose address is P.O 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 />LOTS ONE (1) AND TWO (2), BLOCK ELEVEN (11), FIRST ADDITION TO THE TOWN OF WOOD RIVER, <br />HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 1110 WALNUT ST, WOOD RIVER, NE 68883 -9173. <br />REVOLVING LINE OF CREDIT, This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. 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 Trustor and Lender that this Deed of Trust secures the balance 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 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 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 Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit <br />Agreement, this 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 (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (3) 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 />maintenance necessary to ,preserve its value. <br />