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N - <br />~~~ <br />.~..~~ <br /> r.: m <br /> n " `~ <br />r~ ~ <br />c~ z <br /> <br />~ <br /> <br />_r <br /> <br />~ <br />~~ r <br />r <br /> ~ <br />f1 ~ ~ rv m <br />Z _ <br />~ ~ _ <br />., cr, <br />~ ° ° <br />v ~ ~ a <br /> <br /> <br /> `-~ ~ ~ <br /> ~ ~ ~ c~ ~ <br /> <br /> <br /> <br /> rv ,-.. ~ [r~ ~~- <br /> [.~? ~ tv <br /> O <br />~ei FN/~ /rATtEy <br />WHEN RECORDED MAIL TO: <br />Five Points Bank RD' Inc ~ / 50"]' n / Q o <br />West Branch ~[ l~ <br />2Q09 N. Diers Ave. (p b'S~o ]:. <br />Grand Island, NE_68803 FOR RECORDER'S USE ONLY <br />FIVE POINTS SANK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 4, 2010, among KEITH W FREEMAN, A SINGLE PERSON ("Trustor"1; Five <br />Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box <br />7507, Grand Island, NE 68802-9507 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH 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 />A tract of land comprising a part of Lots 26 and 27, County Subdivision of the West (W1/2) of the <br />Southwest Quarter of Section 90, Township 11 North, Range 9 West of the 6th P.M., Hall County, <br />Nebraska, more particularly described as follows: Beginning at a point of the North line of said Lot 27, <br />where said line intersects the Eas# R.O.W. line of Cherry Street thence Easterly for 125 feet along the said <br />North line of Lot 27 also being the South R.O.W. line of 12th Street; thence Southerly for 101 feet; thence <br />Westerly for 125 feet to a point of the East R.O.W. line of Cherry Stmt; thence Northerly for 707 feet <br />along the said Easterly R.O.W. line to the point of beginning. <br />The Real Property or its address is commonly known as 1139 N CHERRY ST, GRAND ISLAND, NE <br />6$801-2669. <br />REVOLVING LINE OF CREDIT. This Deed of Trus# secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may <br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not <br />including finance charges pn such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, <br />other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the <br />Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit <br />Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance. <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, IS GIVEN Tq SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER 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 Dead of Trust as they became due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit <br />Agreement, this Deed of Trust, and the Related Documents. <br />