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~~. <br />a <br />~rw ~ ITI <br />~^ ~, <br />~ ° ~ `~~ `~ <br />cmo ~-^ Z n <br />~ ~ <br />7 ` m <br />~ - :~ C] N ~ r <br />~` a ~ <br />~ N <br /> <br />y ~ <br />~ <br />~ <br />.. _ <br />m <br />~ <br />j,. <br />-1 rw <br />O y <br /> ~ j <br />. <br />+ ~ ~ ~ <br />~ \ <br />p <br />'J 2 rTl <br />r~rr^ rrt ~ 3~ rxa C~ ~ <br />~... <br />~~ ~ ~ ~ ~ ~ ~ m <br />~~ C ~ ~ ~ <br /> n' rv <br /> <br />WHEN RECORDED MAIL TO: cr> <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 6$803 FO R RECORDER'S USE ON4Y <br />F-vE POINTS BANK -~. <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $75,000.00. <br />~~ <br />.o <br />THIS DEED OF TRUST is dated October 30, 2009, among S & V INVESTMENTS, LIMITED LIABILITY <br />COMPANY; A Nebraska Limited Liability Company ~1"Trustor"1; Five Points Bank, whose address is Narth <br />Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"1; and Five Paints Bank, whose address is P.O Box 1507, Grand Island, NE <br />88802-1507 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys tp 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 fpllowing described real property, together with all existing pr <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 ri hts, royalties, and profits relatin tp the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (tie "Real Property") locate in HALL <br />County, State of Nebraska: <br />THE WEST ONE HALF (W1/2) AND THE WEST FIVE AND ONE HALF (5 1/2) FEET OF THE EAST HALF <br />(E1/2) OF LOT EIGHT (8), IN BLOCK FIVE IS). IN KOEHLER PLACE, AN ADDITION TO THE CITY OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 259 S. VINE ST., GRAND ISLAND, NL 88801. <br />CROSS-COLLATERALIZATION. In addition tp the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related pr unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated yr <br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, <br />accpmmodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition tv the Npte, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor <br />whether ar not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition <br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest <br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate 575,000.00. <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 fo 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 (Al PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS ANP WARRANTIES. Trustor warrants that: la1 this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />