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NE i8803 @Ff -~ <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated October 30, 2007, among CASEY J IVERSON; a Single Person ("Trustor"); <br /> <br />Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to <br /> <br />below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br /> <br />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 />The South 6.8 feet of the West 116.2 feet and the South 2.0 feet of the East 34.3 feet of lot Thirteen <br /> <br />(13) and all of lot Fifteen (15), in Block Fourteen (14), in College Addition to West lawn, in the City of <br /> <br />Grand Island, Hall County, Nebraska <br /> <br />The Real Property or its address is commonly known as 1804 FORREST ST, GRAND ISLAND, NE 68803. <br /> <br />CROSS-COllATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of either Trustor or Borrower to lender, or anyone or more of them. as well as all claims by lender against Borrower and Trustor <br />or anyone or more of them, whether now existing or hereafter arising. whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise. whether due or not due, direct or indirect. determined or undetermined, absolute or contingent, liquidated or <br />unliquidated. whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, su'ety. <br />accommodation party or otherwise. and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations. and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. <br /> <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates lender to make advances to Borrower so long as Borrower complies with all the terms of the Note. <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 />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 /> <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 />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />