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M --- 4 <br />C.) <br />O F—A <br />T1 ,r <br />M <br />fl- <br />C% <br />Cn <br />c.a <br />Cl) <br />F-" <br />n cf) <br />O --q <br />C D <br />M <br />C1 <br />O "*1 <br />T L <br />S �Tl <br />n w <br />r— <br />r r� <br />cn <br />n <br />cn <br />cn <br />0 <br />rU <br />CD <br />O <br />W <br />CD <br />M <br />\mot' vVU_ 1 �_I4 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank 200313060 <br />Downtown <br />370 N. Walnut <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />m <br />CAD <br />N <br />Q. <br />2 <br />CD <br />rr <br />Z <br />0 <br />DEED OF TRUST ss Sd <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $ 1,700,000.00. <br />THIS DEED OF TRUST is dated September 24, 2003, among DONALD D MEHRING, A MARRIED PERSON and <br />MARILYN J MEHRING, HIS WIFE, ( "Trustor "); Five Points Bank, whose address is Downtown, 370 N. Walnut, <br />Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five <br />Points Bank, whose address is P.O 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 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 minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />SEE EXHIBIT "A" 3 <br />The Real Property or its address is commonly known as 333X W STATE ST, GRAND ISLAND, NE. The Real <br />Property tax identification number is 400037181 <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 Trustor 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 $1,700,000.00. <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 all <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 (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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor 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 Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor 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 Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor 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 Trustor, including a claim for deficiency to the extent Lender is otherwise <br />= A <br />i <br />c <br />n <br />D <br />M <br />ti <br />M --- 4 <br />C.) <br />O F—A <br />T1 ,r <br />M <br />fl- <br />C% <br />Cn <br />c.a <br />Cl) <br />F-" <br />n cf) <br />O --q <br />C D <br />M <br />C1 <br />O "*1 <br />T L <br />S �Tl <br />n w <br />r— <br />r r� <br />cn <br />n <br />cn <br />cn <br />0 <br />rU <br />CD <br />O <br />W <br />CD <br />M <br />\mot' vVU_ 1 �_I4 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank 200313060 <br />Downtown <br />370 N. Walnut <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />m <br />CAD <br />N <br />Q. <br />2 <br />CD <br />rr <br />Z <br />0 <br />DEED OF TRUST ss Sd <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $ 1,700,000.00. <br />THIS DEED OF TRUST is dated September 24, 2003, among DONALD D MEHRING, A MARRIED PERSON and <br />MARILYN J MEHRING, HIS WIFE, ( "Trustor "); Five Points Bank, whose address is Downtown, 370 N. Walnut, <br />Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five <br />Points Bank, whose address is P.O 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 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 minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />SEE EXHIBIT "A" 3 <br />The Real Property or its address is commonly known as 333X W STATE ST, GRAND ISLAND, NE. The Real <br />Property tax identification number is 400037181 <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 Trustor 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 $1,700,000.00. <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 all <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 (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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor 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 Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor 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 Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor 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 Trustor, including a claim for deficiency to the extent Lender is otherwise <br />