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WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 2, 2001, among RICHARD H URBACH and LOIS R URBACH, <br />CO- TRUSTEES OF THE URBACH REVOCABLE TRUST AGREEMENT dated September 21, 1993 ( "Trustor "); <br />Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand Island, NE 68801 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose <br />address is P.0 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 <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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, §tate of <br />Nebraska: <br />The South 42.9' of Lot Five (5) and the North 50.9' of Lot Six (6), Block Twelve (12), Parkhill Third <br />Subdivision, Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 721 S BLAINE ST, GRAND ISLAND, NE <br />68803 -6146. <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 present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 not <br />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 Property; (c) <br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and <br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti— deficiency" law, or any other law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of <br />sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by <br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of <br />Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the <br />Property shall be 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; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />CS <br />C) (n <br />n <br />r) <br />M <br />D{ <br />N <br />i-F <br />Co <br />M <br />T <br />— + r>1 <br />O <br />-< o <br />t2- <br />TI <br />O <br />Z <br />07 <br />= <br />m <br />rn <br />O <br />rn <br />r � <br />3 <br />to <br />r) <br />O <br />7t <br />D <br />Co <br />N <br />v <br />C: <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 2, 2001, among RICHARD H URBACH and LOIS R URBACH, <br />CO- TRUSTEES OF THE URBACH REVOCABLE TRUST AGREEMENT dated September 21, 1993 ( "Trustor "); <br />Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand Island, NE 68801 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose <br />address is P.0 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 <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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, §tate of <br />Nebraska: <br />The South 42.9' of Lot Five (5) and the North 50.9' of Lot Six (6), Block Twelve (12), Parkhill Third <br />Subdivision, Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 721 S BLAINE ST, GRAND ISLAND, NE <br />68803 -6146. <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 present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 not <br />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 Property; (c) <br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and <br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti— deficiency" law, or any other law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of <br />sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by <br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of <br />Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the <br />Property shall be 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; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />CS <br />C) (n <br />D{ <br />N <br />i-F <br />Co <br />M <br />— + r>1 <br />O <br />-< o <br />t2- <br />TI <br />O <br />C) <br />07 <br />o <br />O <br />rn <br />O <br />rn <br />r � <br />Cn <br />O <br />7t <br />D <br />Co <br />N <br />v <br />0 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 2, 2001, among RICHARD H URBACH and LOIS R URBACH, <br />CO- TRUSTEES OF THE URBACH REVOCABLE TRUST AGREEMENT dated September 21, 1993 ( "Trustor "); <br />Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand Island, NE 68801 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose <br />address is P.0 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 <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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, §tate of <br />Nebraska: <br />The South 42.9' of Lot Five (5) and the North 50.9' of Lot Six (6), Block Twelve (12), Parkhill Third <br />Subdivision, Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 721 S BLAINE ST, GRAND ISLAND, NE <br />68803 -6146. <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 present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 not <br />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 Property; (c) <br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and <br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti— deficiency" law, or any other law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of <br />sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by <br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of <br />Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the <br />Property shall be 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; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br />