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<br />WHEN t&dcf~~fk"e!6':
<br />
<br />Five Points Bank P 0 GcN- 15()f
<br />South Branch
<br />3111 W. Stolley Pk. Rd.
<br />Grand Island, NE ,6886+ t{',J 8' 0'<-
<br />
<br />JjtJ. S-O
<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 $75,000.00.
<br />
<br />THIS DEED OF TRUST is dated February 24, 2009, among JOHN MICHAEL WANEK and BONNA B WANEK
<br />aka BONNA BARTON WANEK; HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is South
<br />Branch, 3111 W. Stolley Pk. Rd.. Grand Island, NE 68801 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"); and Five Points Bank. whose address is P.O Box 1507, Grand Island, NE
<br />68802-1507 (referred to below as "Trustee").
<br />
<br />CONVEY ANCE AND GRANT. For valuabla consideration, Trustor convays 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 />County. State of Nebraska:
<br />
<br />LOT ONE (1), RIVERSIDE ESTATES UNIT II. BEING A SUBDIVISION OF LOT FORTY-NINE (49), RIVERSIDE
<br />ESTATES UNIT I, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 1424 STAGECOACH RD, GRAND ISLAND, NE
<br />68801-7375.
<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 $75,000.00.
<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 (AI 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 />PA YMENT 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 good condition and promptly perform all repairs, replacements, and
<br />
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