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<br />MST 2021 02132
<br />WHEN RECORDED MAIL TO:
<br />7 FIVE POINTS BANK OF HASTINGS
<br />MAIN BANK
<br />2815 OSBORNE DRIVE WEST
<br />HASTINGS, NE 68901
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<br />000000000000022676034005092024*
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<br />CASH
<br />CHECK 3 L/',- (,D
<br />REFUNDS:
<br />CASH
<br />CHECK
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<br />HALL COUNTY NE
<br />2024 RAY :. ; 2: 1 1
<br />;PCIS -ER OF DEE
<br />FOR RECORDER'S USE ONLY :51/)
<br />111
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated May 9, 2024, among DANNY D MCWHIRTER and CAROL L
<br />MCWHIRTER, not personally but as Trustees on behalf of THE MCWHIRTER FAMILY
<br />REVOCABLE TRUST DATED 09/06/18, whose address is 480 W ROSEDALE RD, DONIPHAN,
<br />NE 68832; TRUST ("Trustor"); FIVE POINTS BANK OF HASTINGS , whose address is MAIN
<br />BANK, 2815 OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"); and Five Points Bank of Hastings, whose address is
<br />2815 Osborne Drive West, Hastings, NE 68901 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the Real Property") located in HALL
<br />County, State of Nebraska:
<br />The Southeast Quarter (SE1 /4) of Section Thirty -Two (32), Township Nine (9), North,
<br />Range Ten (10), West of the 6th P.M. in Hall County, Nebraska.
<br />The Real Property or its address is commonly known as SE1/4 SEC 32-9-10, HALL COUNTY,
<br />NE.
<br />CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br />plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by
<br />Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether
<br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
<br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving
<br />line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of
<br />the Note.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commercial 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
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON
<br />THE FOLLOWING TERMS:
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency"
<br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicially or by exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to
<br />Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly
<br />perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br />possession and use of the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (11 remain in possession and
<br />control of the Property; (21 use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
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