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~~ <br />Cy <br />~~.. ~ R1 <br />~r_ ~~ , <br />~r_ obi ' ~ <br />fV ~ ~ ~ ~~ <br />~ ~r_ ~..~li~ ~ y ~ ~ c~ <br />~ ~ ~ <br />~wr F--a (!7 <br />~~ C~ y ° 1 1 <br />- _ ~ ~~ ~ ~ <br />bra ~ <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island NE 68803 RDER' E NLY <br />FrvE Po~~urs BANK <br />~~ <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 2, 2010, among DAVID HASSETT, whose address is 315 S KIMBALL ST, <br />GRAND ISLAND, NE 6$$01-7832 ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. <br />Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"1; and Five Paints Bank, whose address is P.O Box 1507, Grand Island, NE 6$$02-1507 (referred <br />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 />Lander as Beneficiary, all of Trustvr's right, title, and interest in and to the following described real property, together with all existing yr <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 ar 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") IOCate In HALL <br />County, State of Nebraska: <br />Lot Four (41, Block Eight 1$1, Hann's Third Addition to the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 315 S KIMBALL ST, GRAND ISLAND, NE <br />68801-7832. <br />REVOLVING LINE OF CREDIT. This Dead of Trust 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 on such balance at a fixed ar variable rate or sum as provided in the Credit Agreement, any temporary overages, <br />other charges, and any amounts expanded ar 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 Dead of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and all Rants 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 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 tv Lender all amounts secured by <br />this Daed of Trust es they become 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 />POSSESSION AND MAINTENANCE OF THE 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 l11 remain in possession and control of the Property; <br />12) use, operate or manage the Property; and 131 collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in gpod condition and promptly perform all repairs, replacements, and <br />