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n = <br />R <br />M <br />C <br />v <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island NE 68801 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated December 28, 2001, among TIMOTHY M ROE and SUSAN C ROE; HUSBAND <br />AND WIFE ( "Trustor "); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand <br />Island, NE 68801 (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 <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 including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, §tate o <br />Nebraska: <br />LOTS ELEVEN (11), TWELVE (12), THIRTEEN (13) AND FOURTEEN (14), MEHRING AND GIESENHAGEN <br />SECOND SUBDIVISION, HALL COUNTY, NEBRASKA, EXCEPTING A CERTAIN TRACT OF LAND MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND COMPRISING PART OF LOTS 12, THRU <br />20, INCLUSIVE, MEHRING AND GIESENHAGEN SECOND SUBDIVISION, MORE PARTICULARLY <br />DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 12; THENCE <br />NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOTS 12 THRU THRU 20, INCLUSIVE, TO THE <br />INTERSECTION WITH A LINE 30.0 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID LOT <br />20; THENCE WESTERLY ALONG A LINE 30.0 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE OF <br />LOT 20, A DISTANCE OF 43.42 FEET; THENCE SOUTHEASTERLY ALONG A LINE 42.78 FEET <br />SOUTHWESTERLY FROM AND PARALLEL TO SAID EASTERLY LINE OF LOTS 12 THRU 20, INCLUSIVE, <br />TO THE INTERSECTION WITH THE SOUTH LINE OF SAID LOT 12; THENCE EASTERLY ALONG SAID <br />SOUTH LINE OF LOT 12, A DISTANCE OF 43.42 FEET TO THE PLACE OF BEGINNING. <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 present <br />and future leases of the Property and ail Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed <br />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 />rn <br />N <br />= <br />N <br />O --A <br />p <br />R <br />> <br />2 <br />N <br />� <br />� -- <br />m <br />� <br />m } <br />o <br />p <br />Ls. <br />'1 <br />p <br />mw <br />W <br />S r <br />rn r; " "'- <br />D W <br />O <br />y <br />M <br />C:) <br />r �7 <br />r D <br />p <br />cn <br />1-' <br />Cn <br />p <br />N <br />7C <br />co <br />D <br />� <br />O <br />• <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island NE 68801 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated December 28, 2001, among TIMOTHY M ROE and SUSAN C ROE; HUSBAND <br />AND WIFE ( "Trustor "); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand <br />Island, NE 68801 (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 <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 including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, §tate o <br />Nebraska: <br />LOTS ELEVEN (11), TWELVE (12), THIRTEEN (13) AND FOURTEEN (14), MEHRING AND GIESENHAGEN <br />SECOND SUBDIVISION, HALL COUNTY, NEBRASKA, EXCEPTING A CERTAIN TRACT OF LAND MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND COMPRISING PART OF LOTS 12, THRU <br />20, INCLUSIVE, MEHRING AND GIESENHAGEN SECOND SUBDIVISION, MORE PARTICULARLY <br />DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 12; THENCE <br />NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOTS 12 THRU THRU 20, INCLUSIVE, TO THE <br />INTERSECTION WITH A LINE 30.0 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID LOT <br />20; THENCE WESTERLY ALONG A LINE 30.0 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE OF <br />LOT 20, A DISTANCE OF 43.42 FEET; THENCE SOUTHEASTERLY ALONG A LINE 42.78 FEET <br />SOUTHWESTERLY FROM AND PARALLEL TO SAID EASTERLY LINE OF LOTS 12 THRU 20, INCLUSIVE, <br />TO THE INTERSECTION WITH THE SOUTH LINE OF SAID LOT 12; THENCE EASTERLY ALONG SAID <br />SOUTH LINE OF LOT 12, A DISTANCE OF 43.42 FEET TO THE PLACE OF BEGINNING. <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 present <br />and future leases of the Property and ail Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed <br />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 />