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m <br /> yv n ~ ~ r:~ cn zz <br /> r~ ~ <br />fv •~ ' Z ~ _ ~' ~ rn ~ ~ <br />~ - I' <br />1 v ~ ~ ~ ~, C~ o <br /> <br />~ = 7i _ ~ ~~ <br />~ ~ rn cc~ Z <br />~ <br />~ -~v <br />~ ~ ~ <br />~ ~ ~--~ ~ Qo ~ <br /> <br /> `~' ~ ~n ~ <br /> <br />N <br />..,... ~'.. <br />Csi m <br /> G73 ~ ~ Z <br /> 0 <br />WHEN RECORDED MAIL T0: ~ 5, S~ <br />Five Points Bank PO ,BuX /5a7 <br />West Branch <br />2bb9 N. Diers Ave. <br />Grand Island, NE 698~3~ Ca~'~~ L _ FOR RECORDER'S USE ONLY <br />FI VE POINTS B~IVK ~ ~_._.. ,,., _, <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated October 23, 2009, among WILLIAM D PARRISH and HARRIET A PARRISH; <br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, 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 rightsl; and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, IthA "Real Property") IOCated in HALL <br />County, State of Nebraska: <br />Lot Twenty-Seven (271, in Block Two (2-, Continental Gardens, an Addition to the City of Grand Island, <br />Hall County, Nebraska. <br />The Real Property or its address is commonly known as 3019 COLLEGE ST, GRAND ISLAND, NE <br />68803-7705. The Real Property tax identification number is 400037963. <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 #erms of the Credit Agreement. Such advances may <br />be made, repaid, and remade from time to time, subject to the limkation 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 Lander thpt 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 Prpperty 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 IAl PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER THI5 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 111 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 />