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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank /2lf ~ :
<br />"Your Hometown Bank" "/-/,,I.u.t.... tJ.
<br />2015 N. Broadwoll
<br />t'.u.R6X1507
<br />Grand Island. NE 68802.1507
<br />
<br />--
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />45, So
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $50,000.00.
<br />
<br />THIS DEED OF TRUST is dated February 28, 2006. among NITZEL & COMPANY, INC ; A NEBRASKA
<br />
<br />CORPORATION ("Trustor"); Five Points Bank, whose address is "Your Hometown Bank", 2015 N. Broadwell,
<br />
<br />P.O. Box 1507, Grand Island, NE 68802-1507 (referred to below sometimes as "Lender" and sometimes as
<br />
<br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802.Hj07 (referred
<br />
<br />to below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For v;;luable consideration. Trustor conveys to Trustee in trust. WITH POWER OF SAl.E. fur the henefit of
<br />.l.ender.a:: Beneficiary, \Iii of Trustor's right; title, and interest in ;;me: to thf) Toilowing described reai prfJpelty, togethe. with all existing or
<br />su!;.sequentk erected or affixed buildings, improv8mentl': and fixtures; all Coszn~er.ts, rights of way, and appurtenances; all w<lter, water
<br />. rigl'lt~ and ditch rights (including stock in utilities with d;tch or irri:Jiitk'n rights;; and a:i other rights. royalties, and profits relating to the felll
<br />;.:rO:Jcrty, i;1cl('din~) withol.t li.nitatlor. all miroerals. oil. <)9S. ~18otheF;-lc:l and simiinr maTters, (the "Ree! Property") located in HALL
<br />
<br />County, State of Nebraska:
<br />
<br />LOT THREE (3). BLOCK ONE (1). IN ROUSH SUBDIVISION, GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />
<br />CROSS-COllATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations. debts and liabilities, plus interest
<br />thereon, of Trustor to lender, or anyone or more of them. as well as all claims by lender against Trustor or anyone or more of ther".,
<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 Trustor
<br />may be liable individually or jointly with others. whether obligated as guarantor. surety. accommodation party or otherwise, and whether
<br />recovery IJpon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such &n~c.:.mts ma', be or i1ereahH may beconle otherwis<J ullenforceable.
<br />
<br />FiJTURE 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
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor. together with all interest thereon; however, in no
<br />event shall such fuWre advances (excluding interest) exceed in the aggregate $50,000.00.
<br />
<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 />
<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 />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Q~~r! (If 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 />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall bt:
<br />governed by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of an Event of Default. Trustor may (1) remain in possession and control of the Property;
<br />
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