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Rd. <br />Grand Island, NE 1)889.1 tJ (?0'2.- <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />FIVE PoINTS BANK <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $150,000.00. <br /> <br />THIS DEED OF TRUST is dated January 2, 2009, among WENDELL R DUBBS and SALLY DUBBS; HUSBAND <br /> <br />AND WIFE ("Trustor"); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd.. Grand <br /> <br />Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br /> <br />Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br /> <br />CONVEY ANCE AND GRANT. For valuable consideration, Trustor conveys to Trustllll in trust, WITH POWER OF SALE, for thll bllnefit of <br />Lendllr as Benllficiary, 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 end similar matters, (the "Real Property") located in HALL <br /> <br />County, State of Nebraska: <br /> <br />THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE1/4SE1/4); AND THE WEST HALF OF <br /> <br />THE SOUTHEAST QUARTER (W1/2SE1/4) OF SECTION THREE (3), TOWNSHIP TEN (10) NORTH, RANGE <br /> <br />TWELVE (12), WEST OF THE 6TH P.M.. IN HALL COUNTY, NEBRASKA, SUBJECT TO EASEMENTS, <br /> <br />RESERVATIONS AND PUBLIC ROADS EITHER APPARENT OR OF RECORD, AND BEING 120 ACRES, <br /> <br />MORE OR LESS. <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 them, <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 upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. <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 $150,000.00. <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 />