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A <br />In <br />�t <br />f1 z <br />rn En N <br />h <br />2 D <br />m N <br />x <br />N <br />t� <br />., <br />N <br />0 <br />N <br />O <br />rn <br />s <br />J <br />F' . <br />16, Oh; � <br />WHEN RECDE MAO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island. NE 68803 FOR RECORDER'S USE ONLY <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $225,000.00. <br />THIS DEED OF TRUST is dated June 7, 2002, among JOHN J GILLESPIE III and CYNTHIA M GILLESPIE, <br />Husband and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br />Bank, whose address is P.0 Box 1507, Grand 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 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 rights, royalties, and profits relating to the real <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 />Part of Lots Five (5) and Six (6), Fractional Block Seven (7), Wishe's Addition, City of Grand Island, Hall <br />County, Nebraska, (See Exhibit "A" Hereto Attached) <br />The Real Property or its address is commonly known as 610 S LOCUST, GRAND ISLAND, NE 68801 <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower <br />or Truster may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all <br />future amounts Lender 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 $225,000.00. <br />Truster presently assigns 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 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 IS) 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. Truster warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) 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 />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation 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 Lender from bringing any action against Truster, including a claim for deficiency to the extent Lender is otherwise <br />co <br />Co <br />Q, <br />co: <br />C <br />co <br />2M <br />C* <br />h <br />N <br />O <br />., <br />c a <br />t7 <br />h-� <br />7 T1 <br />CO <br />m <br />:3 <br />r L <br />c <br />u: <br />co <br />u <br />O <br />r <br />N <br />CA <br />N <br />0 <br />N <br />O <br />rn <br />s <br />J <br />F' . <br />16, Oh; � <br />WHEN RECDE MAO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island. NE 68803 FOR RECORDER'S USE ONLY <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $225,000.00. <br />THIS DEED OF TRUST is dated June 7, 2002, among JOHN J GILLESPIE III and CYNTHIA M GILLESPIE, <br />Husband and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br />Bank, whose address is P.0 Box 1507, Grand 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 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 rights, royalties, and profits relating to the real <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 />Part of Lots Five (5) and Six (6), Fractional Block Seven (7), Wishe's Addition, City of Grand Island, Hall <br />County, Nebraska, (See Exhibit "A" Hereto Attached) <br />The Real Property or its address is commonly known as 610 S LOCUST, GRAND ISLAND, NE 68801 <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower <br />or Truster may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all <br />future amounts Lender 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 $225,000.00. <br />Truster presently assigns 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 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 IS) 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. Truster warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) 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 />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation 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 Lender from bringing any action against Truster, including a claim for deficiency to the extent Lender is otherwise <br />co <br />Co <br />Q, <br />co: <br />C <br />co <br />2M <br />C* <br />