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..~ <br /> <br />~ <br />r.: <br />~ <br /> <br />`~ cr' <br /> <br />~ i <br />~ <br />' <br />~ ~ ~ y <br />. F B <br />A ~ ~ \ _~ 1~1 <br />~ ~ 1'71 N ~ F.... ~ ~ 0 b <br />~ ~ ~ <br />~ ~ p <br />T' rv o ~, ~'' tin <br />~ ~ ° ~ <br />rri <br />' <br />' x m q <br />i <br /> <br />~ = <br />~ <br />~°,~ i <br />] <br />~ x? r~ <br />fin'- ~ ii <br />~ [ <br />~-1 <br /> C.+? C <br /> f--+ ei' <br /> <br />~~~ r~ ,,.~. A' ~ m <br />.. ~ <br />~ ~ ~ z <br /> O <br />WHEN RECORDED MAIL TO: ' L ~ ~ ~ ~ <br />Five Points Bank ~a ~~ ~~r0 7 'T <br />North Branch <br />2075 North Broadwell ~~~4y <br />Grand Isl~n~ NE__6$803 _...._.__..._.___ .. FOR RECORDER'S USE ONLY <br />FIVE POINTS BANK <br />DEED ~F TRUST <br />MAXIMUM LIEN. The lien of this D®ed of Trust shall not exceed at any one time $75,000.40. <br />THIS DEED OF TRUST is dated May 7, 2010, among KENNETH L FAIRBANKS and DEBRA FAIRBANKS; <br />HUSBAND AND WIFE ("Trustor"); Five Paints Bank, whose address is North Branch, 2015 North Broadw®II, <br />Grand Island, NE 6$803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and FIVE <br />POINTS BANK, whose address is 2015 N. BROADWELL AVE., GRAND ISLAND, NE 68803 (referred to below <br />as "Trustee"). <br />CONVEYANCE AND GRANT. Far 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 rightsl; and all ether rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal ahd similar matters, (th9 "Real Property") located in HALL <br />County, State of Nebraska: <br />PARCEL A: LOTS ELEVEN (11) AND TWELVE (12), BLOCK SIXTEEN 116), WOOD RIVER VILLAGE, WOOD <br />RIVER, HALL COUNTY, NEBRASKA <br />PARCEL B: LOTS TEN (10), ELEVEN (11) AND TWELVE (12), BLOCK TWENTY-TWO 1221, WOOD RIVER <br />VILLAGE, WOOD RIVER, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as TWO COMMERCIAL BUILDINGS, WOOD RIVER, NE <br />68$83. The Real Property tax identification number.. is 400176769 AND 400176173. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, pf either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor <br />or any one or more of them, whether new existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due pr net due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br />unliquidated, whether Borrower or Truster may be liable individually or jointly with others, whether obligated as guarantpr, surety, <br />accommodation party or otherwise, and whether recpvery upon such amounts may be pr hereafter may become barred by any statute pf <br />limitations, and whether the obligation to repay such amounts may be or hereafter may became otherwise unenforceable. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed pf 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 Cpmmercial <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 Tp SECURE (A1 PAYMENT OF THE INDEBTEDNESS AND IB) 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: lal this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (bl Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; Ic) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulatipn, court decree or order applicable to Trustor; (dl Trustor has <br />