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<br /> WHEN RECORDED MAIL
<br /> Five Points Bank
<br /> South Branch
<br /> 3111 W. Stolley Pk. Rd.
<br /> Grand Island NE- 68801 FOR RECORDER'S USE ONLY
<br /> FIVE Paws...__,_.,._..,,..,
<br /> &NK
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $100,000.00.
<br /> THIS DEED OF TRUST is dated October 27, 2009, among CLAYTON JOSE FRIESEN and ANGELA L FRIESEN;
<br /> HUSBAND AND WIFE ("Trustor"); Five Points "Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd.,
<br /> Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five
<br /> Points Bank, whose address is P.0 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 /> LOT TWENTY-TWO (22), MORNINGSIDE ACRES THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND,
<br /> HALL COUNTY, NEBRASKA.
<br /> The Real Property or its address is commonly known as 2503 RIVERVIEW DR, GRAND ISLAND, NE
<br /> 68801-7433.
<br /> FUTURE ADVANCES. In addition to the Note, 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 Deed of Trust secures, in addition to the amounts
<br /> specified in the Note, all future amounts Lender in. iu,clisczQdon may loan to Trustor, together. with all interest thereon; however, in no
<br /> event shall such future advances (excluding interest) exceed in the aggregate $100,000.00.
<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 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 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 /> 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 (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.
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