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<br />'~'~'~ <br />r~f°I <br />~ <br />~ Cn m <br /> <br />r»~ <br />~- <br />~ <br />C = <br />~ <br />n = <br /> <br />~ <br />~ <br />-. <br />c~ -~+ <br />~ ~ C7 <br />m <br />rv ~i <br />~ <br />N ~ <br />~ Z <br />v ~ <br />~ ~ ~ ~ <br />~-- <br />~ .~ ~ <br />--I ~ <br />U C7 <br /> <br /> <br /> <br />~ <br />~ :~ "' z <br />~~ <br />~ ~ ca 7`~ ~ r"t Cf] <br /> te <br />N ~ ~ r~ ~ " ~ <br />r Cx7 C <br /> ~ ~ Q© ~ <br /> I--" x m <br /> .~ fU <br />2 <br /> C.7 ,,,r. - <br />-I <br />~I^ ef'7 ~ N Z <br />r O <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch ~~'-S ~ <br />2015 North Broadwell <br />Gran I I nd N 803 FOR E ORDER' USE ONLY <br />_ _ ~'ivE _Prs ~c _ _ __ <br />DEAD OF TRUST <br />MAXIMUM LIEN. The lien of #his Deed of Trust shall not exceed at any one time $15,000.00. <br />THIS DEED OF TRUST is dated November 3, 2009, among JEANNINE L ELSBERND; A MARRIED PERSON AND <br />TODD V ELSBERND, HER SPOUSE ("Trustor"-; Five Points Bank, whose address is North Branch, 2015 North <br />Braadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"1; and Five Points Bank, whose address is P.O Bax 1507, Grand Island, NE 68802-1507 (referred <br />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 relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property' 1 IOCate~ in HALL <br />County, State of Nebraska: <br />LOT SEVENTEEN (171, RAVENWOOD SUBDIVISION, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 538 HERMITAGE CT, GRAND ISLAND, NE 68801. <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 its discretion may loan to Trustor, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate 515,000.00. <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 />Cade security interest in the Personal Property and Rents.' <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT pF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN 70 SECURE IA1 PAYMENT OF THE INDEBTEDNESS AND IBI 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 bocuments. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the fallowing provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 11- remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (31 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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership <br />