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200206320 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />,,015 North Bn adwell FOR RECORDER'S USE ONLY <br />D d l l d NE 68903 <br />DEED OF TRUSTr <br />THIS DEED OF TRUST is dated March 28, 2002, among RUDOLF F PLATE, A MARRIED PERSON and TIM C ;y <br />PLATE, A SINGLE PERSON and JEANNICE PLATE. RUDOLF PLATE'S SPOUSE ( "Truster "); Five Points Bank, <br />whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes <br />as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose address is P.O Bo, 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 Trustor's right, title, and interest h and to the following duscribed real property, togother 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 ri hts, Y.Ities, and profits relating to the real <br />property, Including without hmitaenn .0 minerala, ailr gee, geothermal and ender matters, (t�re 'Beal Property') located in HALL <br />County, State of Nebraska: <br />LOT FOURTEEN 114), WESTWOOD PARK SIXTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY,NEBRASKA <br />The Real Property or its address is commonly known as FAIDLEY & REDWOOD DR, GRAND ISLAND, NE <br />68803. <br />FUTURE ADVANCES. Specifically, without limitation, this Decd of Trust secures, In addition to the amounts specified In the Note, all <br />future amounts Lauder in Its discretion may loan to Borrower, together with all interest thereon: however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $200,000.00. <br />Trustor presently assigns to Lender (also known as Benetlolary In this Deed of Trust) all of Trustor's right, titler 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 IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT <br />OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. 15 ALSO GIVEN TO SECURE ANY AND ALL OF <br />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN <br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF-THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST- THIS DEED OF TRUST IS GIVEN AND <br />ACCEPTED ON THE FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (at this Deed of Trust is executed at 9nrmwer's request and <br />not at gm requ usr of Lender; (b) Trustor has the full power, rota, and authority to entur into this Deed of Trust and to hypothecate the <br />Property; Icl 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 Trustor and do not result in a violation of any law, regulation.00urt door.. or order applicable m Trustor; (d) Trustor has <br />established adequate means of obta oing from Borrower on a .retuning basis information about Borrower's financial routines: and (e) <br />Lender hub Foods no representation to Trustor about Borrower (Including without limitation the orrdltworthlness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waiyaa all right. or defenses arising by reason of any "one action" or anti- deficiency" law, or any ether <br />law which may prevent Loader from bringing any action against Trustor, including u sisim for deficiency to the extent Lender is otherwibe <br />entitled to a claim for deficiency, before or after Lender's ammmancement or completion of any foreclosure action, anther judicially or by <br />exercise of o power of sale. <br />PAYMENT AND PERFORMANCE. Except as other are provided in this Dued of Trust, Borrower shall pay to Lender all Indebtodness <br />rn <br />C" to <br />Lin <br />T <br />S <br />Y <br />(% <br />O <br />_ <br />N <br />� <br />u <br />O <br />� <br />3 <br />r <br />Lo <br />t' <br />m <br />tr <br />rr. <br />I <br />y <br />200206320 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />,,015 North Bn adwell FOR RECORDER'S USE ONLY <br />D d l l d NE 68903 <br />DEED OF TRUSTr <br />THIS DEED OF TRUST is dated March 28, 2002, among RUDOLF F PLATE, A MARRIED PERSON and TIM C ;y <br />PLATE, A SINGLE PERSON and JEANNICE PLATE. RUDOLF PLATE'S SPOUSE ( "Truster "); Five Points Bank, <br />whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes <br />as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose address is P.O Bo, 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 Trustor's right, title, and interest h and to the following duscribed real property, togother 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 ri hts, Y.Ities, and profits relating to the real <br />property, Including without hmitaenn .0 minerala, ailr gee, geothermal and ender matters, (t�re 'Beal Property') located in HALL <br />County, State of Nebraska: <br />LOT FOURTEEN 114), WESTWOOD PARK SIXTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY,NEBRASKA <br />The Real Property or its address is commonly known as FAIDLEY & REDWOOD DR, GRAND ISLAND, NE <br />68803. <br />FUTURE ADVANCES. Specifically, without limitation, this Decd of Trust secures, In addition to the amounts specified In the Note, all <br />future amounts Lauder in Its discretion may loan to Borrower, together with all interest thereon: however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $200,000.00. <br />Trustor presently assigns to Lender (also known as Benetlolary In this Deed of Trust) all of Trustor's right, titler 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 IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT <br />OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. 15 ALSO GIVEN TO SECURE ANY AND ALL OF <br />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN <br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF-THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST- THIS DEED OF TRUST IS GIVEN AND <br />ACCEPTED ON THE FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (at this Deed of Trust is executed at 9nrmwer's request and <br />not at gm requ usr of Lender; (b) Trustor has the full power, rota, and authority to entur into this Deed of Trust and to hypothecate the <br />Property; Icl 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 Trustor and do not result in a violation of any law, regulation.00urt door.. or order applicable m Trustor; (d) Trustor has <br />established adequate means of obta oing from Borrower on a .retuning basis information about Borrower's financial routines: and (e) <br />Lender hub Foods no representation to Trustor about Borrower (Including without limitation the orrdltworthlness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waiyaa all right. or defenses arising by reason of any "one action" or anti- deficiency" law, or any ether <br />law which may prevent Loader from bringing any action against Trustor, including u sisim for deficiency to the extent Lender is otherwibe <br />entitled to a claim for deficiency, before or after Lender's ammmancement or completion of any foreclosure action, anther judicially or by <br />exercise of o power of sale. <br />PAYMENT AND PERFORMANCE. Except as other are provided in this Dued of Trust, Borrower shall pay to Lender all Indebtodness <br />