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m 2 ~ ~ <br />~~ <br />'- ~ ca v~ <br />C~ y <br />~ ~ ~ ~ .~ r c. c'a --i 1"r'1 <br />..~~ n = r~~ ~.. ~ ~ rv ~u <br /> <br /> -- <br />~ll~ m ~ ~ rv ~ ."", ~,, ~ <br /> <br />~ ~~ <br />~ ~ ~ <br />m <br />~ S ~rl <br />C~ C/] <br />~ <br />CD O r <br />*7 <br />3 rY ~a <br />U] ~ <br />-~ ~, ~ r,. C <br /> <br /> ~ C7b <br /> W .. <br />..... ~"'i <br /> UD G~ C5 Z <br />~~ <br />~~• <br />~~ 4!) o <br />WHEN RECORDED MAIL TO: <br />Five Points Bank ~ . ~ 6 <br />North Branch <br />2095 North Broadwell <br />Gra I land NE 68803 FOR R CORDER" USE ON Y <br />FI VE POINTS ~B~WK - <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $80,000.00. <br />THIS DEED OF TRUST is dated November 16, 2009, among MARK D STELK and WANDA LEE STELK; <br />HUSBAND AND WIFE ("Trustor"1; Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (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 68802-7507 (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 ereated or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stook in utilities with ditch ar 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, (the "Real Property) located in MALL <br />County, State of Nebraska: <br />THE SOUTH TWENTY FIVE 1251 FEET OF LOT TEN (10) AND TWE NORTH FIFTY 150) FEET OF LOT <br />ELEVEN (11), WOLFE'S SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as X27 KENNEDY DR, GRAND ISLAND, NE 68803. <br />CROSS-CQLLATERALIZATION. In addition to the Nate, this Deed of Trust secures all obligations, debts end liabilities, plus interest <br />thereon, of Trustor to Lender, nr any ono or more of them, as well as all claims by Lender against Trustor ar any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct ar indirect, determined or undetermined, absolute_gr. contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may became barred by any statute of limitatipns, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this peed 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 Nate, 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 580,000.00. <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 IA) PAYMENT OF THE INDEBTEDNESS AND (Bl PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF <br />RENTS AND THE SECURITY INTEREST IN TWE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF <br />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN <br />PATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND <br />ACCEPTED ON TWE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise prpvided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />