2
<br /> ]a
<br />
<br />
<br />
<br /> ~ ' c a Ca U) 0 $
<br /> m
<br /> o c--
<br /> r7l
<br /> w A y l r p C= Z
<br /> r\> C) -n rT1
<br /> W \ M
<br /> M
<br /> > 2
<br /> CJ fr r x Q Z
<br /> M rn
<br /> 0
<br /> rn W
<br /> FOR RKORDER'S USE ONLY
<br /> FIVE POINTS BANK
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $ 1,000,000.00.
<br /> THIS DEED OF TRUST is dated January 12, 2011, among MAX A MADER, A MARRIED PERSON; LIZBETH N
<br /> MADER, HIS WIFE; LLOYD E MADER, A MARRIED PERSON and PATRICIA MADER, HIS WIFE ("Trustor"); Five
<br /> Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to
<br /> below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.0
<br /> 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 4v
<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 3,5
<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 /> THE NORTHEAST QUARTER (NE1/4); THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
<br /> (NE1/4NW1/4) AND THE NORTH HALF OF THE SOUTHEAST QUARTER (N1/2SE1/4) OF SECTION FIFTEEN
<br /> (15) IN TOWNSHIP TWELVE (12) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY,
<br /> NEBRASKA
<br /> The Real Property or its address is commonly known as RURAL ROUTE HALL COUNTY, GRAND ISLAND, NE
<br /> 68803.
<br /> CROSS-COLLATERALIZATION, In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br /> thereon, of 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 now existing or hereafter arising, whether related or unrelated to the purpose of the Nate, whether
<br /> voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br /> unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br /> accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may became barred by any statute of
<br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
<br /> FUTURE ADVANCES. In addition to the Nate, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor
<br /> whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition
<br /> to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br /> thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $ 1,000,000.00.
<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 /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br /> not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br /> Property; (c) 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, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br /> established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br /> Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />
|