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WHEN RECORDED MAIL TO: 200301981 <br />Five Palms Bank <br />West Branch <br />2006 N. Diers Ave. <br />G d l l d NE 66803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 12, 2003, among JERRY L DUERING and DIANNA D DUERING; <br />HUSBAND AND WIFE ( "Truster "); 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 Truster 'a 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 stack 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 'Beal Property ") located in HALL <br />County, State of Nebraska: <br />Lot Ten (10), Block One (1), Second Addition to Holcomb's Highway Homes Subdivision, City of Grand <br />Island. Hall County, Nebraska. <br />The Real Property or its address is commonly known as 2231 BRAHMA ST, GRAND ISLAND , NE <br />68801 -7608. The Real Property tax identification number is 400045850 <br />Truster presently assigns to Lender (also known as Beneficiary in this Dead 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, Trustur 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 IBI 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 Decd of Trust is executed at Rnrrovonna request and <br />not at the request of Lender; (h) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) 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 record or order applicable to Trustor; (it) 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 Iincluding without limitation the creditworthiness of Burrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any 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 attar 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 es otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as R becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the <br />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 possession and use of <br />the Property shall he governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (11 remain in possession and control of the Property; <br />(2) use, operate or manage the Preperty; 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 />1m <br />7 <br />ei n <br />C <br />W <br />to <br />O <br />en <br />3 <br />1 <br />� <br />W <br />n <br />on, <br />Q <br />WHEN RECORDED MAIL TO: 200301981 <br />Five Palms Bank <br />West Branch <br />2006 N. Diers Ave. <br />G d l l d NE 66803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 12, 2003, among JERRY L DUERING and DIANNA D DUERING; <br />HUSBAND AND WIFE ( "Truster "); 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 Truster 'a 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 stack 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 'Beal Property ") located in HALL <br />County, State of Nebraska: <br />Lot Ten (10), Block One (1), Second Addition to Holcomb's Highway Homes Subdivision, City of Grand <br />Island. Hall County, Nebraska. <br />The Real Property or its address is commonly known as 2231 BRAHMA ST, GRAND ISLAND , NE <br />68801 -7608. The Real Property tax identification number is 400045850 <br />Truster presently assigns to Lender (also known as Beneficiary in this Dead 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, Trustur 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 IBI 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 Decd of Trust is executed at Rnrrovonna request and <br />not at the request of Lender; (h) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) 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 record or order applicable to Trustor; (it) 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 Iincluding without limitation the creditworthiness of Burrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any 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 attar 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 es otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as R becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the <br />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 possession and use of <br />the Property shall he governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (11 remain in possession and control of the Property; <br />(2) use, operate or manage the Preperty; 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 />