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~~ ~ ~ ~ ~ .~ <br /> <br /> - y C ^,~~• <br /> <br />N ~ ~ cn ~ <br /> <br />~ ~ rn <br />('~ <br />tI~ <br />~ <br />~ <br />e.o c~ cn <br />©--~ <br />CJ <br />~ ~ Z ~ <br />~ ~i C ~ ~~ ~] <br /> <br />N ~~ <br />L7 <br />.. ~ C~ <br /> <br /> ~ a ~ <br /> <br />rn _~ <br />A tz~ <br />~-+ <br /> ~ . <br /> ~ ~ " <br />~ cf' Q ~ ~ <br />..~~ ~ ~ ~ fU fll <br /> - p`-'' '-` ~-' C.D ~-1 <br />_.. [U ~ C.J-1 Z <br /> t17 Q <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch '~~o • ~ U <br />2095 North Broadwell <br />Gr nd Island NE 6880 FOR RECORDER'S USE O Y <br />FIVE POINTS ,B~WK <br />DEED Q~ TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5220,000,00. <br />THIS DEED OF TRUST is dated December, 20D9, among CODY EVANS and KATIE EVANS; HUSBAND AND <br />WIFE ("Trustor"1; Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE <br />68803 (referred to b®low sometimes as "Lender" and sometimes as "Beneficiary"); and l=ive Points Bank, <br />whose address is P.O 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. WITW 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 fix#ures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or 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") IOCated In HALL <br />County, State of Nebraska: <br />LOT ONE 11 ), BOWDEN SUBDIVISION, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 1108 S GUNBARREL RD, GRAND ISLAND, NE <br />68801. The Real Property tax identification number is 400212900. <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 $220,000.00. <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 PEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND TWE SECURITY INTEREST fN 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, ANb 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 became 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, Trustcr 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 />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: 11- During the period of Trustor's ownership <br />