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DEED OF TRUST -� -- <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $92,250.00. ` 1 <br />THIS DEED OF TRUST is dated December 18, 2002, among GARY D MCSHANNON and VENUS B' <br />MCSHANNON; Husband and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers <br />Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); <br />and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"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 propertyr 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 Two (2), Valley View Third Addition, in the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 1112 E Oklahoma, Grand Island, NE 68801. The <br />Real Property tax identification number is 400102498 <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all <br />future amounts Lender In its discretion may loan to Treater, together with all interest thereon; however, in no event shall such future <br />advances (excluding Interest) exceed in the aggregate $92,250.00. <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 (BI 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 Tractor'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 (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, antl <br />maintenance necessary to preserve Its value. <br />Compliance With Environmental Laws. Treater represents and warrants to Lender that: 111 During the period of Trustor 'a ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Treater has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of any <br />D <br />r I J <br />rn <br />Cn <br />.�irn. <br />Z <br />�b <br />I <br />o`Ja <br />rV <br />T <br />A <br />' <br />o <br />p <br />"' <br />M <br />z <br />- <br />N <br />I - <br />3 <br />ri o <br />t..-. <br />G7 <br />G <br />o <br />Lo <br />i <br />on <br />r n <br />s <br />i <br />