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~.. m <br /> <br />' <br />~ r~.: <br />~' <br /> fl <br />1 _ p <br />.,~ C~ <br /> ~ n = ~~ m <br />.~.~ Z ° ~ ~ ~ rv <br /> 7C ~ •~ ~ ...~ ~ O <br />~ ~ © ~ <br />~ ~ <br />~ ~ ~ a <br />~ <br />~~ <br />x C7] ~ ~ Q ~ <br /> <br />y ~ ~ ~ ~ ~ <br /> rn <br />~ -~ A C1:7 C~ <br />~ <br />~ ~ rn <br />~ ~ r ~ <br />~ ~ fv <br />~r~ o <br /> F-+ ~ -~ <br /> W <br /> f~ ~' `-' <br /> ~ ~ <br /> ~ ~ <br />~iEr~NIV•. ~11UD19 17r <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch - _ . _ _. _.. _.- - ~~ <br />37 7 7 W. $tollay Pk. Rd. <br />. Grand Island, NE 68801 FOR RECORDER'S U5E ONLY <br />FIVE POINTS BANK <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $750,000.00. <br />THIS DEED OF TRUST is dated April 14, 2010, among JOHN M CUNNINGHAM and SARAH C CUNNINGHAM; <br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., <br />Grand Island, NE 68809 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, whose address is P.O Box 9507, Grand Island, NE 68$02-1507 (referred to below as "Trustee"-. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, far 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 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 />LOTS SEVEN (7) AND EIGHT 181 IN BLOCK ONE HUNDRED TWENTY-TWO (122) IN KOENIG AND WIEBE'S <br />ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 9004 W DIVISION 5T, GRAND ISLAND, NEn <br />6880 9 -6454. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of either Truster pr Borrower to Lender, or any pne or more of them, as well as all claims by Lender against Borrower and Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br />unliquidated, whether Borrower pr Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, <br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute pf <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is <br />required to give notice of the right to cannel under Truth in Lending in connection with any additional loans, extensions of credit and other <br />liabilities or obligations of Trustor to Lender, then this Deed pf Trust shall not secure additional loans or obligations unless and until such <br />notice is given. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Nate. <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' Prpperty 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 IA- PAYMENT OF THE INDEBTEDNESS AND (B) 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrants that: la- this Deed of Trust is executed at 8prrpwer's request and <br />not at the request of Lender; Ib1 Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />