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WHEN RECORDED MAIL TO:
<br />Five Points Bank .o
<br />West Branch
<br />2009 N. Diars Ave.
<br />Grand l l d NE 68803 FOR RECORDER'S U6E ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shell not exceed at any one time $122,588.00.
<br />THIS DEED OF TRUST is dated August 7, 2002, among CHRIS A EBERHARDT and JODY L EBERHARDT.
<br />F /K /A JODY L HENRICHSON, HUSBAND AND WIFE ( "Trustor "): Five Points Bank, whose address is West
<br />Branch, 2009 N. Diars Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender' and
<br />sometimes as "Beneficial and Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE
<br />68802 -1507 (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 Tructor'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 />Lots Six (6) and Seven (7) and the West Fourteen Feet (W14') of Lot Eight (8), Block Fifty -One (51),
<br />Charles Wasmer's Third Addition to the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 523 S CLAY ST, GRAND ISLAND, NE 68803 -5842.
<br />The Real Property tax identification number is 400110849
<br />FUTURE ADVANCES. Specifically, without limitation, this Dead of Trust secures, in addition to the amounts specified in the Note, all
<br />future amounts Lander in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future
<br />advances (excluding interest) exceed in the aggregate $122.588.00.
<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 ell
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor 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 IA) PAYMENT OF THE INDEBTEDNESS AND (8) 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
<br />this Deed of Trust as they became do., and shall strictly and In a timely manner perform all of Trustor 'a obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed 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:
<br />(2) 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
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (11 During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (21 Trustor has no knowledge of, or reason to believe
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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank .o
<br />West Branch
<br />2009 N. Diars Ave.
<br />Grand l l d NE 68803 FOR RECORDER'S U6E ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shell not exceed at any one time $122,588.00.
<br />THIS DEED OF TRUST is dated August 7, 2002, among CHRIS A EBERHARDT and JODY L EBERHARDT.
<br />F /K /A JODY L HENRICHSON, HUSBAND AND WIFE ( "Trustor "): Five Points Bank, whose address is West
<br />Branch, 2009 N. Diars Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender' and
<br />sometimes as "Beneficial and Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE
<br />68802 -1507 (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 Tructor'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 />Lots Six (6) and Seven (7) and the West Fourteen Feet (W14') of Lot Eight (8), Block Fifty -One (51),
<br />Charles Wasmer's Third Addition to the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 523 S CLAY ST, GRAND ISLAND, NE 68803 -5842.
<br />The Real Property tax identification number is 400110849
<br />FUTURE ADVANCES. Specifically, without limitation, this Dead of Trust secures, in addition to the amounts specified in the Note, all
<br />future amounts Lander in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future
<br />advances (excluding interest) exceed in the aggregate $122.588.00.
<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 ell
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor 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 IA) PAYMENT OF THE INDEBTEDNESS AND (8) 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
<br />this Deed of Trust as they became do., and shall strictly and In a timely manner perform all of Trustor 'a obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed 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:
<br />(2) 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
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (11 During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (21 Trustor has no knowledge of, or reason to believe
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