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~. m <br /> <br /> <br />~ <br />In 7 <br />~ <br />o ~ ~~' <br />c~ <br />rv <br />..~ <br />n <br />= <br />~ <br />_ <br />~ rYr <br />m <br />N - ~ ® ~ ~ . F--+ ~ ~ h-~ <br />~ ~ rn ~ to ca t~ ~ ~ <br />~~ <br />~ ~~ n <br />~ = cr ~ <br />r*1 <br />-~ ~rn <br />D CA ©Z <br />~ ~ <br /> <br /> <br /> ~:~ ~ <br /> <br />~rrr <br />WHEN RECORDED MAIL TO: <br />Five Points Bank ~~~~, ~3r@1 <br />North Branch ~~, S~ <br />2015 North Broadwell ~ ~~~ ~ <br />Grand Isl nd NE 68803 F R_RECORDER'S USE ONLY <br />F1YE PoIMS&WK <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 565,000.00. <br />THIS .DEED OF TRUST is dated February 19, 2010, among LARRY W FOWLS; A SINGLE PERSON ("Trustor"); <br />Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to <br />below sometimes as "Lender" and sometimes as "'Beneficiary"1; and Five Points Bank, whose address is P.O <br />Box 1507, Grand Island, NE 68802-9507 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Truste® in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and tv 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 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 HALL <br />County, State of Nebraska: <br />LOT TWO (21, BLOCK ELEVEN (11), IN H.G. CLARK'S ADDITION TO THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 807 W 9TH ST, GRAND ISLAND, NE 68801. The <br />Real Property tax identification number is 400030543. <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 one 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 Note, 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 pbligated as guarantor, surety, accpmmodation party cr 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 or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lander 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 Ivan to Trustor, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate 565,000.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this bead 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 PER50NAL <br />PROPERTY, IS GIVEN TO SECURE (Aj PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY ANb ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF 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 of Trust, and the Related Documents. <br />