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DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $50,000.00.
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<br />THIS DEED
<br />OF TRUST is dated October 22,
<br />2004, among
<br />KEVIN R WERNER and KOLLEEN L WERNER;
<br />HUSBAND
<br />AND WIFE ( "Trustor "); Five Points
<br />Bank, whose
<br />address is "Your Hometown Bank ", 2015 N.
<br />Broadwell,
<br />P.O. Box 1507, Grand Island, NE
<br />68802 -1507
<br />(referred to below sometimes as "Lender" and
<br />sometimes
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<br />Bank, whose
<br />address is P.O Box 1507, Grand Island, NE
<br />68802 -1507
<br />(referred to below as "Trustee ").
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<br />WHEN RECORDED MAIL TO:
<br />20041100 /.,
<br />Five Points Bank
<br />"Your Hometown Bank"
<br />2015 N. Broadwell
<br />P.O. Box 1507
<br />Grand Island NE 68802 -1507
<br />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 $50,000.00.
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<br />THIS DEED
<br />OF TRUST is dated October 22,
<br />2004, among
<br />KEVIN R WERNER and KOLLEEN L WERNER;
<br />HUSBAND
<br />AND WIFE ( "Trustor "); Five Points
<br />Bank, whose
<br />address is "Your Hometown Bank ", 2015 N.
<br />Broadwell,
<br />P.O. Box 1507, Grand Island, NE
<br />68802 -1507
<br />(referred to below sometimes as "Lender" and
<br />sometimes
<br />as "Beneficiary "); and Five Points
<br />Bank, whose
<br />address is P.O Box 1507, Grand Island, NE
<br />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
<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 TWENTY -EIGHT (28), REGENCY BY THE GREEN SUBDIVISION IN THE CITY OF GRAND ISLAND,
<br />HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 2416 OVERLAND TRAIL CIR, GRAND ISLAND, NE
<br />68801 -7365.
<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 Trustor, together with all interest thereon; however, in no event shall such future
<br />advances (excluding interest) exceed in the aggregate $50,000.00.
<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
<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 (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 />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 Trustor'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, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
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