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!' <br /> <br />fV <br /> <br />~ ~~ <br />m <br />Iv ,~ <br />m~ ~ <br />^~ <br /> <br />rn <br />T <br />C ~) <br /> <br />~.~ <br />~' <br />~ <br /> z rn <br />n - <br />~ Q `-`~ c~ <br />6• ~ r ~. <br />~ <br />y ~ ~~ Q ~~ f~ <br />~ i ~ ' `~ ° <br /> ~ ~ ~ v <br /> ~, w ~ ~, ~~ <br />y <br /> '' .~' -~ cn c <br />n <br /> <br />~ <br />~ ~ <br />-'v ~~ <br />~ ~ <br />"--' <br />cn <br /> p ~ '~ ~ a ~ <br /> "' <br /> ~ <br />~ <br />~ ~ <br /> <br /> ~ o --I <br /> ~ z <br /> <br />WHEN RECORDED MAIL TO: S /: ~ ~ <br />Five Points Bank <br />Downtown <br />51$ N Eddy <br />Gran Island NE 68 7 FOR RECORDER'S USE ONLY <br />FIVE POINTS BANK <br />DEAD OF TRUST <br />THIS DEED OF TRUST is dated December 31, 2009, among TRI-CITIES GROUP INC., A Nebraska Corporation. <br />("Trustor"1; Five Points Bank, whose address is Downtown, 518 N Eddy ,Grand Island, NE 68801 (referred to <br />below soma#imes as "Lender" and sometimes as "Beneficiary"1; and Five Points Bank, whose address is P.0 <br />Box 1507, Grand Island, NE 68$02-1507 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT, Far valuable consideration, Trustor conveys to Trustee in trust, WITH PpWER 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 ar 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@Q to the real <br />property, including without limitation all minerals, oil, gas, gecthermal and similar matters, (the "Real Property") IOCate(] in HALL <br />County, State of Nebraska: <br />LOT SEVEN (7) AND EIGHT 181, IN REUTING'S FIRST SUBDIVISION, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 3724 & 3728 W. OLD HWY 30, GRAND ISLAND, NE <br />68803. The Real Property tax identification number is 400$99040 & 400160641. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or any ono or more of them, as well as all claims by Lender against Trustor or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Nate, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or 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 become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be pr hereafter may become otherwise unenforceable. <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. <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 Prpperty. 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 PER50NAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB- PERFORMANCE pF ANY AND ALL OBLIGATIQNS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED pF TRUST. THIS DEED pF TRUST 15 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 pf 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 11- remain in possession and control of the Property; <br />121 use, operate or manage the Property; and 131 collect the Rents from the Property. <br />