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Gini�r� /� . s �� . p p <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch f''Q'Q°7� �s° � <br />5111 W. Stolley Pk. Rd. �$,d,OL <br />Grand laland 8 U9 FOR RE RDER'S USE ONLY <br />FIVE PQtNTS B�41VK <br />�•] � �•I•7� �:���-�, <br />MAXIMUM LI�N. T'he lien af this Deed of Trust shall not exceed at any one time $ 9 50,000.00. <br />THIS DEED OF TRUST is dated November 5, �090, among JOHN M CUNNINGHAM and SARAH C <br />CUNNINGHAM; HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is South Branch, 39'11 W. <br />Stolley Pk. Rd., Grand Island, NE 688�1 (referred to below sometimes as "Lender" and sametimes as <br />"Beneficiary"►; and Five Points Bank, whose addres� is P.O Box 1507, Grand Island, NE 688p2-9 507 (referred <br />ta below as "Trustee"). <br />CONVEYANCE AN� GRANT. For valuable consideration, Trustor conveys to trustee in trust, WItH POWER OF SqLE, for the benafit vf <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the fallowing described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easaments, rights af way, and appurtenences; all weter, water <br />rights and ditch rights (including stock in utilitiss with ditch or irrigation rightal; and all pther rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similer matters, (th9 ° Real Property loeated in HALL <br />County, State of Nebraska: <br />LOTS SEVEN (7) AND EIGHT (8) IN BLOCK ONE HUNDRED TW�NTY-TWO {'I2z) IN KO�NIG AND WI�B�'S <br />ADDITION 7'O T'H� CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 90�4 W[�IVISIQN ST, GRAND ISLAND, NE <br />6880 9 -6454. <br />CR05S-C�I.I.AT�RALIZATIpN. In addition to the Note, this Deed of Trust secures all obligations, debts and IiabiliTies, plus interest <br />therepn, pf either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrnwer and Trustor <br />nr any pne or more of them, whether now existing or hereafter arising, whether related or unrelated to the purppse af the Npte, whether <br />voluntary or otherwise, whether dua or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br />unliquidatad, whether Bqrrnwer or Trustor may be liable individually or jointly with others, whether obligated as guarantor, suraty, <br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to rapay such amounts may ba or hereafter may becpme otherwise unenforceable. If the Lender is <br />required tv give notice of tha right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other <br />lia6ilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or nbligatipns unless and until such <br />notice is given. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future edvances made by Lender to Borrower or Trustor <br />whether or not the advances are made pursuant to a cnmmitment. Specifically, without limitation, this Deed ot Trust secures, in addition <br />to the amounts specified in the Note, all future amounis Lender in its discretion may loan to Borrawar or 7rustor, together with all interest <br />thereon; however, in na event shall such future advances (excluding interest) excaed in the aggregate 5150,000,00, <br />Trustor presently assigns to l.ender (alsa known es Benaficiary in this Deed nf Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases af the Property and all Rents from the Property. In addition, Trustor grants to Landar a Uniform Commercial <br />Code security interest in the Personal Property and Rente. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE 5ECURITY IN?�RES7 IN THE RENTS AND PERSONAL <br />PROPERTY, 13 GIVEN TO SECURE (A) PAYM�NI" OF TH� INDEBTEI�NESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER 1"H� N�7E, THE R�LpTEp DpCUMENTS, AND THIS DEED OF TRUST. TH15 DEED OF TRUST 15 GIV�N AND I�CC�PTED ON THE <br />