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Nx <br />n e-� <br />A S <br />7C 1 <br />a$p <br />1 <br />0 <br />C-' <br />M � --i <br />� N <br />Co CO <br />71 <br />M <br />M � <br />0 <br />v7 c o <br />` O <br />W <br />C') cn <br />O --a <br />C D <br />z m <br />O 'T7 <br />= M <br />D w <br />r � <br />r D <br />cn <br />D <br />N <br />Cn <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 />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $100,000.00. <br />THIS DEED OF TRUST is dated October 15, 2001, among ROLAND E REYNOLDS AND LUELLA M <br />REYNOLDS, HUSBAND AND WIFE, and COONEY PROPERTIES, INC; ( "Trustor "); Five Points Bank, whose <br />address is South Branch, 3111 W. Stolley Pk. Rd., Grand Island, NE 68801 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose address is P.0 Box 1507, Grand <br />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, andprofits 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 />LOT ELEVEN (11) IN HIDDEN LAKES SUBDIVISION NO. TWO (2), BEING A PART OF THE SOUTHEAST <br />QUARTER OF THE NORTHEAST QUARTER (SE1 /4NE1/4), AND PART OF THE NORTH HALF OF THE <br />NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (N1/2NE1/4SE1/4) OF SECTION THIRTEEN (13), <br />TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9), WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 239 S LAKESIDE DR, GRAND ISLAND, NE <br />68801 -8535. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future <br />amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future advances <br />(excluding interest) exceed in the aggregate $100,000.00. <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 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 />C3 <br />N CID <br />O �D <br />o. <br />O <br />F-' y <br />F-1 <br />co <br />O C <br />ca � <br />CD CID <br />co <br />O <br />O <br />rn <br />