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~~ <br />~- <br />~~ <br />~r <br />~ ~~ <br />~ ~~ <br />csa ~^ <br />~ ~~ <br />~ ~ <br />~~^ <br />~~ <br />~. <br />~~ <br />~~ <br /> rn <br /> Z <br /> ~ <br /> Apr = <br />c ° c~ c,~~ <br />c~ --i C m <br /> ` m <br /> rn to `-:. ~,, ~ ~ rv <br /> Z ~ ~ ~ ~ ~ <br />= <br />p ~ <br />'-'-' <br />c7 <br />= <br />~ o ~ <br />rn H a ~ rv a ~ ~ <br />r7 ,' ^~ ~' `_ cn ~ <br /> <br />7C <br />= <br />~ ~ <br />~ rn i~ <br />c <br />~ <br /> <br /> <br />~ ~" ~7 <br />C7U <br /> c, r ~ ~ <br /> <br /> <br /> a c~ <br /> <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Paints Bank <br />North Branch ~.~ • s~ <br />2015 North Broadwell <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />FivE POINTS ~4~VK <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 545,000.00. <br />THIS DEED OF TRUST is dated October 19. 2009, among LINDA S NUSS and JERRY L NUSS; WIFE AND <br />HUSBAND ("Trustor"-; Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, <br />NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points Bank, <br />whose address is P.0 Box 1507, Grand Island, NE 6$$02-1507 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lander 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, ail, gas, geothermal and similar matters, (the "Real Property") located in HALL <br />County, State of Nebraska: <br />A TRACT OF LAND COMPRISING ALL OF FRACTIONAL LOT TEN (10), AND THAT PART OF FRACTIONAL <br />LOT NINE 191. IN BLOCK THIRTEEN (13), FAIRVIEW PARK, LYING EAST OF TWE EAST LINE OF <br />BROADWELL AVENUE; AND THE PORTIONS OF FRACTIONAL LOTS $, 9 AND 10, IN BLOCK 2, <br />WALLICH'S ADDITION LYING EAST OF THE EAST LINE OF BROADWELL AVENUE, AND NORTH OF A <br />LINE 86.55 FEET NORTHERLY FROM AND PARALLEL TO THE NORTHERLY LINE OF 9TH STREET, ALL IN <br />THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 912 N ADAMS ST, GRAND ISLAND, NE <br />68801-4022. The Real Property tax identification number is 400129426. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not <br />the 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 Borrower, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate X45,000.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trustl 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 DEEP OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THI5 DEED OF TRUST IS GIVEN AND ACCEPTED ON TWE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la- this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; Ib1 Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; Ic1 the provisions of this Peed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and de not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (el <br />