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0 <br />N <br />O <br />O <br />t-� <br />O <br />w <br />Ir--+ <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Broadwell <br />P.O. Box 1507 <br />Grand Island, NE 68802 -1507 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />rn <br />co <br />CID <br />tZ <br />y <br />C#* <br />—mss <br />co <br />>c <br />9. <br />Z <br />0 , <br />THIS DEED OF TRUST is dated July 25, 2001, among RICHARD VAN ZYL, A MARRIED PERSON AND <br />G <br />SANDRA VAN ZYL, HIS SPOUSE, AND JEFFREY T ROMSA, A MARRIED PERSON AND WENDY ROMSA, HIS <br />SPOUSE ( "Trustor "); Five Points Bank, whose address is "Your Hometown Bank ", 2015 N. Broadwell, P.O. <br />Box .1507, Grand Island, NE 68802 -1507 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 <br />(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, State of <br />Nebraska: <br />A PART OF THE WEST PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER (S1/2SE1/4) OF <br />SECTION 13, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA, <br />MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND COMPRISING THE SOUTHERLY <br />845.61 FEET OF THE EASTERLY 545.13 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST <br />QUARTER (SW1 /4SE1/4) OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M. <br />The Real Property or its address is commonly known as E BISMARK RD, GRAND ISLAND, NE 68801. The <br />Real Property tax identification number is 400206625. <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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <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. Real Property and collect the Rents. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />C <br />= <br />y <br />o <br />c� <br />Z <br />M <br />cn <br />c s <br />-�i rn <br />yl <br />r <br />r <br />i <br />rn <br />A W <br />M <br />:3 <br />r 70 <br />in <br />ea <br />(" <br />r �a• <br />v ! <br />� <br />Q <br />l` <br />Q <br />O� <br />N <br />6/f <br />0 <br />N <br />O <br />O <br />t-� <br />O <br />w <br />Ir--+ <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Broadwell <br />P.O. Box 1507 <br />Grand Island, NE 68802 -1507 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />rn <br />co <br />CID <br />tZ <br />y <br />C#* <br />—mss <br />co <br />>c <br />9. <br />Z <br />0 , <br />THIS DEED OF TRUST is dated July 25, 2001, among RICHARD VAN ZYL, A MARRIED PERSON AND <br />G <br />SANDRA VAN ZYL, HIS SPOUSE, AND JEFFREY T ROMSA, A MARRIED PERSON AND WENDY ROMSA, HIS <br />SPOUSE ( "Trustor "); Five Points Bank, whose address is "Your Hometown Bank ", 2015 N. Broadwell, P.O. <br />Box .1507, Grand Island, NE 68802 -1507 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 <br />(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, State of <br />Nebraska: <br />A PART OF THE WEST PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER (S1/2SE1/4) OF <br />SECTION 13, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA, <br />MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND COMPRISING THE SOUTHERLY <br />845.61 FEET OF THE EASTERLY 545.13 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST <br />QUARTER (SW1 /4SE1/4) OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M. <br />The Real Property or its address is commonly known as E BISMARK RD, GRAND ISLAND, NE 68801. The <br />Real Property tax identification number is 400206625. <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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <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. Real Property and collect the Rents. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />