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<br />HEN RECORDED I MAL TO
<br />Five Points Bank G
<br />West Branch
<br />2009 N. Di.. A"18803
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY
<br />t —
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $50,000.00.
<br />C
<br />THIS DEED OF TRUST is dated October 22, 2002, among VIRGINIA J ELLIOTT and FRANK G ELLIOTT. WIFE
<br />AND HUSBAND ( "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, Trustor 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, royahies, 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 />LOT TWENTY THREE (23) IN BLOCK "D" IN PARK -VIEW SUBDIVISION, LOCATED IN THE NORTHEAST
<br />QUARTER (NE1/4) OF SECTION TWENTY NINE (29), AND THE NORTHWEST QUARTER (NW114) OF
<br />SECTION TWENTY EIGHT (28), ALL IN TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE
<br />6TH P.M., IN GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 2508 PIONEER BLVD, GRAND ISLAND, NE 68801.
<br />The Real Property tax identification number is 400076365
<br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor'a right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addlhon, Trustor grants to Lender a Uniform Commercial
<br />Coda 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 (BI 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 />Dead of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Theater 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, 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 that: III During the period of Trustor'a 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 been, except as previously disclosed to and acknowledged by Lender in writing, lal any breach or violation of any
<br />Environmental Laws, IN any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
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