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...~ <br />~wi <br />~ <br /> <br />.r~t ~ <br /> <br />~ <br /> <br /> <br />7 <br /> <br />~~ <br /> <br />~ <br />~ <br /> <br />~ cn <br />~ <br /> <br />Z <br />~ <br />_ <br />.~.,` <br />~ ^ <br />+ <br /> C <br />n <br />i :x~ <br />~ c~ <br />~ ~ m ~ <br />C~ m <br />~ ~ ~ z `~ <br />±. ~ ~ <br /> ~`^ <br /> ^ i ~~ <br /> ~ .Z' ~, <br />~ <br />rn - .~ <br />- <br />/ ~ <br />rn Q .... r <br />t~ ~ C~ Cl) <br /> ~ <br />LJ; <br />c.~ <br />U~ a ~ <br />r°- A <br />~ r-I ~7 <br />~ <br />~ Imo. <br />L~ ~ Cl) <br />~ ~~r~. <br /> ~ <br /> <br />GJ <br />(TA y <br />F..r <br /> <br />0 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2075 North Broadwall <br />r n d E 68803 FOR RECORDER'S SE NLY <br />FIVE POINTS L~4NK ~-- <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $265,000.00. <br />THIS DEED OF TRUST is dated August 16, 2010, among KENNETH J TERRY and KIMBERLY A TERRY; <br />HUSBAND AND WIFE ("Trustor"-; Five Points Bank, whose address is North Branch, 2075 North Broadwall, <br />Grand Island, NE 68803 (referred to below sometimes as "'Lender" and sometimes as "Beneficiary"'-; and Five <br />Paints Bank, whose address is P,D Box 1507, Grand Island, NE 68802-1507 (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 ar irrigation rights; and all other rights, royalties, and profits relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") locate in HALL <br />County, State of Nebraska: <br />LOT FIVE (51, BLOCK THREE (31, WOODLAND PARK FOURTH SUBDIVISION, 1N THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA <br />The R®al Property or its address is commonly known as 4723 TEXAS AVE, GRAND ISLAND, NE 68803. The <br />Real Property tax identification number is 400429217. <br />FUTURE ADVANCES. In addition to the Note, this Deed 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 />avant shall such future advances (excluding interest) exceed in the aggregate 5265,000.Op. <br />Trustar presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustar's right, title, and interest in and to all <br />present and future leases cf 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 15 GIVEN ANp 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 Trustar's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustar 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 111 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 #o Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />