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DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $55,000.00.
<br />THIS DEED OF TRUST is dated August 19, 2002, among TODD ALAN BABKA; A SINGLE PERSON ( "TTUSIOT ");
<br />Five Points Bank, whose address is West Branch, 2009 N. Diets Ave., Grand Island, NE 68803 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O
<br />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 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
<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 mmerals, oil, gas, geothermal and similar matters. (the "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />THE NORTHERLY HALF (N1/2) OF LOT FIVE (5), IN BLOCK NINE (9), IN WIEBE'S ADDITION TO THE CITY
<br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 613 S CLEBURN ST, GRAND ISLAND, NE 68801.
<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 Truster, together with all interest thereon; however, in no event shall such future
<br />advances lexcluding interest) exceed in the aggregate $55,000.00.
<br />Truster presently assigns to Lender Islas known as Beneficiary in this Deed of Trust) all of Truster 'a right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Theater grants to Lender a Uniform Commercial
<br />Cade 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 (e) 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, Truster shall pay to Lender all amounts secured by
<br />this 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
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Truster'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, Truster 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. Truster 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. Truster represents and warrants to Lender Nat 111 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; (2) Truster has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of any
<br />Environmental Laws. (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
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<br />WHEN CORDED MAIL40:
<br />Five Points Bonk
<br />West Branch
<br />2009 N. Diets Ave.
<br />Grand Island, NE 68803
<br />FOR
<br />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 $55,000.00.
<br />THIS DEED OF TRUST is dated August 19, 2002, among TODD ALAN BABKA; A SINGLE PERSON ( "TTUSIOT ");
<br />Five Points Bank, whose address is West Branch, 2009 N. Diets Ave., Grand Island, NE 68803 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O
<br />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 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
<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 mmerals, oil, gas, geothermal and similar matters. (the "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />THE NORTHERLY HALF (N1/2) OF LOT FIVE (5), IN BLOCK NINE (9), IN WIEBE'S ADDITION TO THE CITY
<br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 613 S CLEBURN ST, GRAND ISLAND, NE 68801.
<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 Truster, together with all interest thereon; however, in no event shall such future
<br />advances lexcluding interest) exceed in the aggregate $55,000.00.
<br />Truster presently assigns to Lender Islas known as Beneficiary in this Deed of Trust) all of Truster 'a right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Theater grants to Lender a Uniform Commercial
<br />Cade 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 (e) 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, Truster shall pay to Lender all amounts secured by
<br />this 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
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Truster'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, Truster 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. Truster 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. Truster represents and warrants to Lender Nat 111 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; (2) Truster has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of any
<br />Environmental Laws. (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
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