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THIS DEED OF TRUST is dated December 13, 2004, among KENNETH D ENCK; an Unmarried Man
<br />( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose
<br />address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable conslderallon, Trainor carvers to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustors right, title, and Interest In and to the following described reel property, together with all exlslin8 or
<br />subsequently erected or affixed bulldinga, 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 halving to the reel property including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real properly) located In HALL COUOTy, Mate Of
<br />Nebraska:
<br />Lot Thirty—three Nebraska and the (33),
<br />orth Half (N1 2) oft Lott Thirty- -two (32), In West Heights Second Addition to the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address Is commonly known as 619 SHERMAN AVE, GRAND ISLAND, NE
<br />68803 -4244.
<br />Trustor presently assigns to Lender (also known as Beneficiary In this Dead of Trust) all of Trustors right, far, and interest In and to all present
<br />and future losses of the Property and all Rents from the Property. In addition, Trustor graph to Lender a Uniform Commemlat 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 UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED BOF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truslor warrants that' (a) this Deed of Trust Is executed at Borrowers request and not
<br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter Into this Used of Trust and to hypothecate the Property; (c)
<br />the provisions of this Dead 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 fir 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 represer latlon to
<br />Trustor shout 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 al letl 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 es otherwise provided in this Deed of Trust, Barrawer shell pay to Lender all Indebtedness secured by
<br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform ell 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 />Properly 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 menage the Property; and (3) collect the Rents from the Property.
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<br />WHEN RECORDED MAIL O:
<br />Five Pointe Bank
<br />West Branch
<br />2008 N. cars Ave.
<br />FOR
<br />RECORDER'S USE
<br />ONLY
<br />Grand Island, NE 0a
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<br />DEED OF TRUST
<br />'Ole
<br />THIS DEED OF TRUST is dated December 13, 2004, among KENNETH D ENCK; an Unmarried Man
<br />( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose
<br />address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable conslderallon, Trainor carvers to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustors right, title, and Interest In and to the following described reel property, together with all exlslin8 or
<br />subsequently erected or affixed bulldinga, 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 halving to the reel property including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real properly) located In HALL COUOTy, Mate Of
<br />Nebraska:
<br />Lot Thirty—three Nebraska and the (33),
<br />orth Half (N1 2) oft Lott Thirty- -two (32), In West Heights Second Addition to the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address Is commonly known as 619 SHERMAN AVE, GRAND ISLAND, NE
<br />68803 -4244.
<br />Trustor presently assigns to Lender (also known as Beneficiary In this Dead of Trust) all of Trustors right, far, and interest In and to all present
<br />and future losses of the Property and all Rents from the Property. In addition, Trustor graph to Lender a Uniform Commemlat 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 UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED BOF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truslor warrants that' (a) this Deed of Trust Is executed at Borrowers request and not
<br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter Into this Used of Trust and to hypothecate the Property; (c)
<br />the provisions of this Dead 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 fir 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 represer latlon to
<br />Trustor shout 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 al letl 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 es otherwise provided in this Deed of Trust, Barrawer shell pay to Lender all Indebtedness secured by
<br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform ell 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 />Properly 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 menage the Property; and (3) collect the Rents from the Property.
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