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N is is CJ) is W .f:>. N W '''--. ~ CI ;; :z: ;! CO) rrI -I =i r- m en rrI ~ c=; rrI en '"'" ~ ~ <=3 O(J) c::o::> m ~~ <:::>'3 O-i ~B. ..." :n c::::r> c: 2:4 Z -c 4fT1 m~, ::0 oar ('\00 ~.. ' -<0 :I:)>(/) ~ 0""" 0 m ,. ..." co ....., gf ('$/) r :z ;l'li;:J: c:> ::t: fT1 m -U l> W m :3 r :::0 0 r l> (fJ (f) N ="" l> f'$ r+ 0 -- wZ 0 (j) (f> 0 WHEN RECORDED MAil TO: Five Points Bank West Branch 2009 N. Diers Ave. Grand Island. NE 68803 FOR RECORDER'S USE ONLY DEED OF TRUST ~ ~ ,) THIS DEED OF TRUST is dated April 14, 2006, among TERRY WALTER ENTERPRISES, INC. ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee in trust. WITH POWER OF SALE. for the benefit of lender as Beneficiary. all of Trustor's right. title. and interest in and to the following described real property. together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals. oil. gas. geothermal and similar matters, (the "Real Property") located in HAll County, State of Nebraska: lot Seven (7), Westwood Park EightflSubdivision, in the City of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 410 BECHWOOD DR, GRAND ISLAND, NE 68803. The Real Property tax identification number is 400420481. 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 and future leases of the Property and all Rents from the Property. In addition. Trustor grants to lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND All OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and 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 Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any law. regulation. court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent lender from bringing any action against Trustor. including a claim for deficiency to the extent lender is otherwise entitled to a claim for deficiency. before or after lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust. Borrower and Trustor shall pay to lender all Indebtedness secured by this Deed of Trust as it becomes due. and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of Trust. and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the Property shall be governed by the following provisions: pos$8s$ion and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) use. operate or manage the Property; and (3) collect the Rents from the Property, Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements. and maintenance necessary to preserve its value.