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<br /> <br /> <br /> c-* rn <br /> r ' yry S r' p C7 <br /> r° <br /> n = rv n <br /> N <br /> Z CD <br /> w.rrw.r.... O C7 G <br /> cn <br /> rn <br /> C j0 ~ N ~ 4. Z~ W x <br /> F--+ 00 5 <br /> ~ Ca trr <br /> WD <br /> WME REE FRDED MAIL rq! d. MAIL JT <br /> ~O O: <br /> Five Points Bank ,p0 /SD 7 0 <br /> West Branch <br /> 2009 N. Diers Ave. <br /> gc~'Q <br /> ran Wend, NE 68803 F R RECORDER'S USE ONLY <br /> FIVE POINTS BMK <br /> DEED OF TRUST <br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $30,000.00. <br /> THIS DEED OF TRUST is dated May 27, 2010, among CONSTANCE KAY FISHER, AN UNMARRIED WOMAN <br /> ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 <br /> (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose <br /> address is P.0 Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <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 /> Lot Five (5) and Lot Six (6) Reuting"s Third Subdivision, City of Grand Island, Hall County, Nebraska. <br /> The Real Property or its address is commonly known as 3910 REUTING RD, GRAND ISLAND, NE <br /> 68803-5043. <br /> FUTURE ADVANCES. In addition to the Note, this Dead 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 $30,000.00. <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, IS GIVEN TO SECURE (A) 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 /> 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 THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br /> governed by the fallowing provisions: <br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br /> (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br /> Duty to Maintain. Trustor shall maintain the Property in good 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: (1) During the period of Trustor's ownership <br />