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<br />WHEN RECORDED MAIL TO:
<br />FIVE POINTS BANK OF HASTINGS a Division of
<br />Hometown Bank
<br />2815 OSBORNE DRIVE WEST
<br />HASTINGS, NE 88901 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />dp.5
<br />6
<br />THIS DEED OF TRUST Is dated May 24, 2002, among JOSE HARD and MARTHA HARD; HUSBAND AND
<br />WIFE ('Trustor "); FIVE POINTS BANK OF HASTINGS a Division of Hometown Bank, whose address Is 2815
<br />OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes
<br />as "Beneficiary"); and Five Points Bank of Hastings, a Division of Hometown Bank, whose address is P.O
<br />Box 55, Hastings, NE 68902 -0055 (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 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, $fate Of
<br />Nebraska:
<br />The North 182 feet of a certain part of the North 10 acres of the West Half of the Northwest Quarter
<br />(W1/2 NW1 /4) of Section 10, Township 11 North, Range 9, West of the 6th P.M., Hall County, Nebraska,
<br />more particularly described as: Beginning at a point on the North line of the North 10 acres of the West
<br />Half of the Northwest Quarter (N7 /2 NW1 /4) of said Section 10, which point is 1188.0 feet West Of the
<br />Northeast corner of the North 10 acres of the West Half of the Northwest Quarter (W1/2 NW1 /4) of said
<br />Section 10; running thence South parallel to the East line of the said North 10 acres 331.0 feet; running
<br />thence West parallel to the North line of said North 10 acres 134.7 feet to a point on the West line of
<br />the said north 10 acres; running thence North upon and along the West line of the said North 10 acres
<br />331.0 feet to the Northwest corner of the said North 10 acres; running thence East upon and along the
<br />North line of the said North 10 acres 133.9 feet to the actual point of beginning; EXCEPT the South 50
<br />feet of said North 182 feet thereof; and subject to one -half of the County Road to the North and West
<br />of sold premises
<br />The Real Property or its address is commonly known as 1731 & 1733 ST PAUL ROAD, GRAND ISLAND, NE
<br />68801. The Real Property tax identification number Is 400205955
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in Its discretion may loan to Trustor, together with all Interest thereon; however, in no event shall such future advances (excluding
<br />interest) exceed in the aggregate $30,000.00.
<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 present
<br />and future leases of the Property and all 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 Truslor'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 />use, operate or manage the Property; 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 maintenance
<br />necessary to preserve its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make
<br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws, and (2) agrees to indemnity and hold harmless Lender against any and all claims and losses
<br />resulting from a breach of this paragraph of the Deed of Trust. This obligation to Indemnity shall survive the payment of the Indebtedness
<br />and the satisfaction of this Dead of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed
<br />of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any Interest in the Real Property.
<br />A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;
<br />whether voluntary or involuntary; whether by outdght sale, deed, Installment sale contract, land contract, contract for deed, leasehold interest with
<br />a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust
<br />holding title to the Real Property, or by any other method of conveyance of an Interest In the Real Property. However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
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