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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />Downtown
<br />370 N. Walnut
<br />Grand Island. NE 68801
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<br />DEED OF TRUST
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<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $143,211.00.
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<br />THIS DEED OF TRUST is dated December 14, 2005, among HOWARD L SCHMITT, A SINGLE PERSON
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<br />("Trustor"); Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE 68801
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<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose
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<br />address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee").
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<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 ereded or affixed buildings, improvemenls and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, includinQ
<br />without limitation all minerals, oil, gas, geothermal and similar mailers, (the "Real Property") located in HALL County, State of
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<br />Nebraska:
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<br />SEE EXHIBIT "A"
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<br />The Real Property or its address is commonly known as 2219 E HWY 30, GRAND ISLAND, NE 68801. The
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<br />Real Property tax identification number is 400094800.
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<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in
<br />the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
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<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 present
<br />and future leases of the Property and all Rents from the Properly. In addition, Trustor grants to Lender a Uniform Commercial Code security
<br />interest in the Personal Property and Rents.
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<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:
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<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this
<br />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 Deed of Trust,
<br />and the Related Documents.
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<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Properly shall be governed
<br />by the following provisions:
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<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2)
<br />use, operate or manage the Properly; and (3) collect the Rents from the Property.
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<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve ils value.
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<br />Compliance With Environmental laws. Trustor represents and warrants to Lender thaI: (1) During the period of Trustor's ownership of
<br />the Properly, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
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