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CS <br />N <br />M n <br />M 1 <br />^� r <br />o � � <br />OD <br />W <br />cn <br />C-> <n <br />O - -i <br />C <br />M <br />� o <br />O -r- <br />D � =l <br />r— x <br />r— ;r <br />U) <br />C0 <br />0 <br />ry <br />0 <br />O <br />N <br />O <br />CD <br />CO <br />oa <br />WHEN R COI DED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. FOR RECORDER'S USE ONLY <br />Grand Island NE 68801 <br />DEED OF TRUST <br />rrk <br />CD <br />CAD <br />C <br />y <br />co <br />Z <br />:o <br />THIS DEED OF TRUST is dated December 28, 2001, among BOYD E BURHOOP and BEV J BURHOOP; <br />HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. <br />Rd., Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property�i {ate rOf <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property) located in HALL County, , <br />Nebraska: <br />A TRACT OF LAND LOCATED IN THE NORTH HALF OF THE NORTHEAST QUARTER (N1 /2NE1 /� OF <br />SECTION TWENTY -FOUR (24), IN TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10), WEST OF THE 6TH <br />P.M., IN HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING <br />ON THE EAST LINE OF SAID SECTION 24 AT A POINT THIRTY FEET (30') NORTH OF THE SOUTHEAST <br />CORNER OF THE N1/2NE1/4; RUNNING THENCE NORTH ALONG AND UPON THE EAST LINE OF SAID <br />SECTION 24 A DISTANCE OF 82.5 FEET; RUNNING THENCE WEST AND PARALLEL TO THE NORTH <br />LINE OF SAID SECTION 24, A DISTANCE OF 258 FEET; RUNNING THENCE SOUTH AND PARALLEL TO <br />THE EAST LINE OF SAID SECTION 24, A DISTANCE OF 82.5 FEET; RUNNING THENCE EAST AND <br />PARALLEL TO THE NORTH LINE OF SAID SECTION 24 A DISTANCE OF 258 FEET TO THE POINT OF <br />BEGINNING. <br />The Real Property or its address is commonly known as 524 S. WEBB, GRAND ISLAND, NE. <br />Trustor p assigns Lender Beneficiary <br />this Trust) right, Uniform interest l present <br />and future leases of a Property all Rents from the Property. In addition, Trustor grants to Le er title, Commerc all 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 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 not <br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) <br />the provisions of this Deed 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 or 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 representation to <br />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 law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled 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 />(') <br />r) <br />m <br />,n <br />m <br />N <br />s <br />(i <br />�i <br />Z <br />A <br />Cj <br />rrn <br />fA <br />tdT• <br />� <br />+� <br />i <br />A <br />� n <br />a <br />L <br />' <br />CS <br />N <br />M n <br />M 1 <br />^� r <br />o � � <br />OD <br />W <br />cn <br />C-> <n <br />O - -i <br />C <br />M <br />� o <br />O -r- <br />D � =l <br />r— x <br />r— ;r <br />U) <br />C0 <br />0 <br />ry <br />0 <br />O <br />N <br />O <br />CD <br />CO <br />oa <br />WHEN R COI DED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. FOR RECORDER'S USE ONLY <br />Grand Island NE 68801 <br />DEED OF TRUST <br />rrk <br />CD <br />CAD <br />C <br />y <br />co <br />Z <br />:o <br />THIS DEED OF TRUST is dated December 28, 2001, among BOYD E BURHOOP and BEV J BURHOOP; <br />HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. <br />Rd., Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property�i {ate rOf <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property) located in HALL County, , <br />Nebraska: <br />A TRACT OF LAND LOCATED IN THE NORTH HALF OF THE NORTHEAST QUARTER (N1 /2NE1 /� OF <br />SECTION TWENTY -FOUR (24), IN TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10), WEST OF THE 6TH <br />P.M., IN HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING <br />ON THE EAST LINE OF SAID SECTION 24 AT A POINT THIRTY FEET (30') NORTH OF THE SOUTHEAST <br />CORNER OF THE N1/2NE1/4; RUNNING THENCE NORTH ALONG AND UPON THE EAST LINE OF SAID <br />SECTION 24 A DISTANCE OF 82.5 FEET; RUNNING THENCE WEST AND PARALLEL TO THE NORTH <br />LINE OF SAID SECTION 24, A DISTANCE OF 258 FEET; RUNNING THENCE SOUTH AND PARALLEL TO <br />THE EAST LINE OF SAID SECTION 24, A DISTANCE OF 82.5 FEET; RUNNING THENCE EAST AND <br />PARALLEL TO THE NORTH LINE OF SAID SECTION 24 A DISTANCE OF 258 FEET TO THE POINT OF <br />BEGINNING. <br />The Real Property or its address is commonly known as 524 S. WEBB, GRAND ISLAND, NE. <br />Trustor p assigns Lender Beneficiary <br />this Trust) right, Uniform interest l present <br />and future leases of a Property all Rents from the Property. In addition, Trustor grants to Le er title, Commerc all 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 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 not <br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) <br />the provisions of this Deed 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 or 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 representation to <br />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 law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled 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 />