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~: mm <br />,~ Ca . cn Cs 1"r1 <br />[7 ~ o -+ <br />_ ~ n rv <br />- ~ ~ _ ~ c; ~ ~ ° o p <br />w..+, ~, -,•- ~ ~ <br />~ ~ O ~ T ~ Q ~ <br />~ ~ m z <br />m ~ ° uj ~ A ~ <br />0 ~ ~ ~ ~ ~ rV <br />C <br />• U, (n <br />~ ~ <br />IV ~~ I--~ n ~ ITI <br />~~ W ~ ~ ~ <br />~ '~ <br />wr ~'.:+ <br />~1 erT F/Yl~~ ~~~'r' <br />WHEN RECORDED MAIL TO: i/ 5 ~r d <br />Five Points Bank P C1 • k~/JG /$0 7 7 <br />Downtown <br />518 N Eddy ~v~~y- <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />Fi~Pn-nn~BAnnt <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $35,000.00. <br />THIS DEED OF TRUST is dated April 9, 2010, among ANASTACIO ROMERO, A SINGLE PERSON. ("Trustor"); <br />Five Points Bank, whose address is Downtown, 518 N Eddy ,Grand Island, NE 68801 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box <br />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 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 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 Five 15-, Block Thirteen 1131 in Russel Wheeler's Addition to the City of Grand Island, Hall County, <br />Nebraska. <br />The Real Property or its address is commonly known as 104E 9TH ST ,GRAND ISLAND , NE 6$$01. <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 535,000.00. <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, 15 GIVEN TO SECURE (A) PAYMENT pF THE INDEBTEDNES5 AND IBI 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 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 />POSSESSION AND MAINTENANCE OF TWE 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 />12- use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable 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 />