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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />Downtown
<br />370 N. Walnut
<br />Grand Island. NE 68801
<br />
<br />200602926
<br />
<br />DEED OF TRUST
<br />
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<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 April 4, 2006, among CARLOS PORTILLO AND GLENDY BARRIOS HUSBAND
<br />AND WIFE. ("Trustor"); Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE
<br />68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank,
<br />whose address is P.O Box 1507, Grand Island, NE 68802.1507 (referred to below as "Trustee").
<br />
<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 />
<br />County, State of Nebraska:
<br />
<br />ALL of Lots Six (6) and Seven (7) in Block Fifteen (15) in Evan's Addition to the City of Grand Island, Hall
<br />
<br />County, Nebraska, EXCEPTING therefrom the Northerly Thirty Seven (37) Feet thereof.
<br />
<br />The Real Property or its address is commonly known as 804 E 4TH ST , GRAND ISLAND , NE 68801. The
<br />
<br />Real Property tax identification number is 400129043.
<br />
<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
<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 future 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 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 />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 be
<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 />(2) use. operate or manage the Property; and (3) collect the Rents from the Property.
<br />
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />
<br />Compliance With Environmental laws. Trustor represents and warrants to lender that: (1) During the period of Trustor'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; (2) Trustor has no knowledge of, or reason to believe
<br />
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