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THIS DEED OF TRUST is dated March 14, 2003, among CLARENCE P FETSCH; A SINGLE PERSON <br />( "Trustor "); Five Points Bank, whose address is "Your Hometown Bank ", 2015 N. Broadwell, P.O. Box 1507, <br />Grand Island, NE 68802 -1507 (referred to below sometimes as "Lender' and sometimes as "Beneficiary "); <br />and (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Truster'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 TEN (10) ARGO SUBDIVISION, VILLAGE OF Al HALL COUNTY,NEBRASKA <br />The Real Property or its address is commonly known as 10 SATURN STREET, ALDA, NE <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower <br />or Truster may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation. this <br />Dead of Trust secures a revolving line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with <br />all the terms of the Note. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster'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, Truster 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 IB) 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. Truster warrants that: (a) this Deed of Trust Is executed at Borrower's request and <br />not at the request of Lender; (b) Truster 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 Truster and do not result in a violation of any law, regulation, court decree or order applicable to Truster; (d) Truster has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Truster about Borrower )including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Tractor 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 Truster, 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 />Z <br />;K_ <br />f1 <br />M <br />N <br />T <br />rV <br />,(b <br />c cr <br />\• <br />s <br />w <br />.�v <br />CD <br />_i <br />s <br />WHEN CORDED MAIL TO: <br />N <br />z <br />O <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Bmadwell <br />200303234 <br />P.O. Box 150] <br />Grantl Islantl NE 68802 -1507 <br />FOR RECORDER'S USE <br />ONLY <br />DEED OF <br />TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust <br />shall not exceed at any one time <br />640,000.00. <br />THIS DEED OF TRUST is dated March 14, 2003, among CLARENCE P FETSCH; A SINGLE PERSON <br />( "Trustor "); Five Points Bank, whose address is "Your Hometown Bank ", 2015 N. Broadwell, P.O. Box 1507, <br />Grand Island, NE 68802 -1507 (referred to below sometimes as "Lender' and sometimes as "Beneficiary "); <br />and (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Truster'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 TEN (10) ARGO SUBDIVISION, VILLAGE OF Al HALL COUNTY,NEBRASKA <br />The Real Property or its address is commonly known as 10 SATURN STREET, ALDA, NE <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower <br />or Truster may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation. this <br />Dead of Trust secures a revolving line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with <br />all the terms of the Note. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster'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, Truster 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 IB) 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. Truster warrants that: (a) this Deed of Trust Is executed at Borrower's request and <br />not at the request of Lender; (b) Truster 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 Truster and do not result in a violation of any law, regulation, court decree or order applicable to Truster; (d) Truster has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Truster about Borrower )including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Tractor 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 Truster, 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 />