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i�c1 Lf,v K<<ff,y <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island. NE 68903 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 622,143.43. <br />THIS DEED OF TRUST is dated May 31, 2002, among WALTER W ROSS and RONDA L ROSS, HUSBAND <br />AND WIFE AND JERRARD ROSS AND COURTNEY ROSS. HUSBAND AND WIFE ( "Trustor••); Five Points Bank, <br />Whose address is West Branch, 2009 N. Diets Ave., Grand Island, NE 68803 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"1; and Five Points Bank, whose address is P.0 Box 1507, Grand <br />Island, NE 68802 -1507 (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 ea ents, 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 relatin@Q to the <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 />FRACTIONAL LOT SEVEN (7) IN FRACTIONAL BLOCK TWENTY (20) OF WALLICH'S ADDITION AND ITS <br />COMPLEMENT: FRACTIONAL LOT SEVEN (7) IN FRACTIONAL BLOCK FOUR (4) IN THE BONNIE BRAE <br />ADDITION. BOTH BEING ADDITIONS TO THE CITY OF GRAND ISLAND, NEBRASKA. <br />The Real Property or its address is commonly known as 1318 W 5TH ST, GRAND ISLAND, NE 68801. <br />Thera, presently a sign 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 Rants. <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 JA) PAYMENT OF THE INDEBTEDNESS AND (a) 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. Trostor warrants that: (a) this Deed of Trust Is executed at Borrowers request and <br />not at the request of Lender; 167 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 />estahlished adequate moans of obtaining from Borrower o continuing basis information about Borrower's financial condition; and (a) <br />Lender has m n <br />ods o mposontetian to Truster about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any "one action" or anti - deficiency" law, or any other <br />law which may prevent Lander from bringing any action against Truster, Including a claim for deficiency to the extent Lender is otherwise <br />entitled to a shim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exwmse .1 power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided In his Dead of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Dead of Trust as It hecomas due, and Borrower and Truster shall strictly perform all their respective obligations under the <br />Note, this Dead of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truster agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisions: <br />�e <br />L1 <br />h <br />T, <br />n <br />x <br />D <br />-i <br />7 <br />y rn <br />O <br />_ <br />CJ r <br />CJ <br />L\ <br />v <br />CD <br />O <br />v <br />O <br />N <br />O <br />N <br />i�c1 Lf,v K<<ff,y <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island. NE 68903 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 622,143.43. <br />THIS DEED OF TRUST is dated May 31, 2002, among WALTER W ROSS and RONDA L ROSS, HUSBAND <br />AND WIFE AND JERRARD ROSS AND COURTNEY ROSS. HUSBAND AND WIFE ( "Trustor••); Five Points Bank, <br />Whose address is West Branch, 2009 N. Diets Ave., Grand Island, NE 68803 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"1; and Five Points Bank, whose address is P.0 Box 1507, Grand <br />Island, NE 68802 -1507 (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 ea ents, 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 relatin@Q to the <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 />FRACTIONAL LOT SEVEN (7) IN FRACTIONAL BLOCK TWENTY (20) OF WALLICH'S ADDITION AND ITS <br />COMPLEMENT: FRACTIONAL LOT SEVEN (7) IN FRACTIONAL BLOCK FOUR (4) IN THE BONNIE BRAE <br />ADDITION. BOTH BEING ADDITIONS TO THE CITY OF GRAND ISLAND, NEBRASKA. <br />The Real Property or its address is commonly known as 1318 W 5TH ST, GRAND ISLAND, NE 68801. <br />Thera, presently a sign 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 Rants. <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 JA) PAYMENT OF THE INDEBTEDNESS AND (a) 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. Trostor warrants that: (a) this Deed of Trust Is executed at Borrowers request and <br />not at the request of Lender; 167 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 />estahlished adequate moans of obtaining from Borrower o continuing basis information about Borrower's financial condition; and (a) <br />Lender has m n <br />ods o mposontetian to Truster about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any "one action" or anti - deficiency" law, or any other <br />law which may prevent Lander from bringing any action against Truster, Including a claim for deficiency to the extent Lender is otherwise <br />entitled to a shim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exwmse .1 power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided In his Dead of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Dead of Trust as It hecomas due, and Borrower and Truster shall strictly perform all their respective obligations under the <br />Note, this Dead of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truster agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisions: <br />�e <br />L1 <br />h <br />