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DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $103,105.00.
<br />THIS DEED OF TRUST is dated September 20, 2002, among THOMAS J BARNETT and LORNA K BARNETT;
<br />HUSBAND AND WIFE ( "Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diets Ave.,
<br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five
<br />Points 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 Trustor's right, title, and Interest in and to the fallowing 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 relating9 to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters. (the "Real Property ") Indiana in HALL
<br />County, State of Nebraska:
<br />LOT FIVE (5), IN CAPITAL HEIGHTS EIGHTH SUBDIVISION, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 4239 UTAH AVE, GRAND ISLAND, NE 68603.
<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 (excluding interest) exceed in the aggregate $103,105.00.
<br />Truster presently assigns to Lender Was 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 (B) 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 became due, and shall strictly and in a timely manner perform all of Truster's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Treat., agrees that Trustor's possession and use of the Property shall be
<br />governed by the fallowing provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trusmr may (t) remain c 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 that: 111 During the period of Truster'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; 12) Truster has no knowledge of, or reason to believe
<br />that there has bean, except as previously disclosed to and Acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or of any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (31 Except as previously disclosed to and
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<br />Five Points Bank
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<br />2009 N. Diers Ave.
<br />G . l l d NE 68803
<br />FOR RECORDER'S
<br />USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $103,105.00.
<br />THIS DEED OF TRUST is dated September 20, 2002, among THOMAS J BARNETT and LORNA K BARNETT;
<br />HUSBAND AND WIFE ( "Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diets Ave.,
<br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five
<br />Points 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 Trustor's right, title, and Interest in and to the fallowing 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 relating9 to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters. (the "Real Property ") Indiana in HALL
<br />County, State of Nebraska:
<br />LOT FIVE (5), IN CAPITAL HEIGHTS EIGHTH SUBDIVISION, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 4239 UTAH AVE, GRAND ISLAND, NE 68603.
<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 (excluding interest) exceed in the aggregate $103,105.00.
<br />Truster presently assigns to Lender Was 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 (B) 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 became due, and shall strictly and in a timely manner perform all of Truster's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Treat., agrees that Trustor's possession and use of the Property shall be
<br />governed by the fallowing provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trusmr may (t) remain c 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 that: 111 During the period of Truster'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; 12) Truster has no knowledge of, or reason to believe
<br />that there has bean, except as previously disclosed to and Acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or of any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (31 Except as previously disclosed to and
<br />
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