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<br />WHEN RECORDED MAIL TO: 7 J' s ~
<br />Five Points Bank
<br />North Branch
<br />2015 North Broadwell
<br />Grand Island. NE 68803 FOR RECORDER'S USE ONLY
<br />F-vE POINTS BANK
<br />DEAD OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $235,000.00.
<br />THIS DEED OF TRUST is dated November 17, 2009, among DANIEL H TUCHENHAGEN and CAROLYN K
<br />TUCHENHAGEN; HUSBAND AND WIFE, as joint tenants with rights of survivorship and not as tenants in
<br />common ("Trustor"-; Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island,
<br />NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank,
<br />whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1.
<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 nr 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") Ipcate~ in HALL
<br />County, State of Nebraska:
<br />LOT THREE (3-, BLOCK ONE (1-, SUMMERFIELD ESTATES FIFTH SUBDIVISION, IN THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 3912 WARBLER RD, GRAND ISLAND, NE 68803.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether nr not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this bead of Trust secures, in addition to the amounts
<br />specified in the Nate, all future amounts Lender in its discretion may Inan tn. Trustnr, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $235,000.00.
<br />Trustnr 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, Trustnr 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 ANp PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND IBl 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 TERM5:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this bead of Trust, Trustnr shall pay to Lender all amounts secured by
<br />this peed 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 recurrence of an Event of Default, Trustor may 11- remain in possession and control of the Property;
<br />(2) use, operate nr 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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