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WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Breach 200301980 <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 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 $65,900.00. <br />THIS DEED OF TRUST is dated February 12, 2003, among JERRY L DUERING and DIANNE D DUERING; <br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "): and Five <br />Points Bank, whose address is P.0 Box 1507, Grand 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 Trostor'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, royall and profits relating to the real <br />property, including without limitation all minerals, uil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />Suite No. 5 and Garage No. 5 of The Gemstone Condominium Property Regime I, in the City of Grand <br />Island, Hell County, Nebraska. <br />The Real Property or its address is commonly known as 2122 W 6TH ST, GRAND ISLAND, NE 68803. The <br />Real Property tax identification number is 400336146 <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 Borrower, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate 565,900.00. <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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender: to Trustor has the full power, right, and authority to enter into this Dead of Trust and to hypothecate the <br />Property; Icl the provisions of this Deed of Trust do not conflict with, or result In a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and le) <br />Lender has made no representation to 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 <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the <br />Note. this Deetl of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Truster 'a possession and use of <br />(A <br />n <br />C <br />ICT <br />m <br />o <br />O <br />C <br />N <br />art <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Breach 200301980 <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 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 $65,900.00. <br />THIS DEED OF TRUST is dated February 12, 2003, among JERRY L DUERING and DIANNE D DUERING; <br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "): and Five <br />Points Bank, whose address is P.0 Box 1507, Grand 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 Trostor'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, royall and profits relating to the real <br />property, including without limitation all minerals, uil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />Suite No. 5 and Garage No. 5 of The Gemstone Condominium Property Regime I, in the City of Grand <br />Island, Hell County, Nebraska. <br />The Real Property or its address is commonly known as 2122 W 6TH ST, GRAND ISLAND, NE 68803. The <br />Real Property tax identification number is 400336146 <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 Borrower, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate 565,900.00. <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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender: to Trustor has the full power, right, and authority to enter into this Dead of Trust and to hypothecate the <br />Property; Icl the provisions of this Deed of Trust do not conflict with, or result In a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and le) <br />Lender has made no representation to 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 <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the <br />Note. this Deetl of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Truster 'a possession and use of <br />