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Walnut <br />Grand Island, NE 68801 <br /> <br />FIVE PoiNTS BANK <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated February 24, 2009, among FILEMON SANCHEZ AND ANA B GONZALEZ, <br /> <br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand <br /> <br />Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and FIVE <br /> <br />POINTS BANK, whose address is POBOX 1507 , GRAND ISLAND, NE 68802-1507 (referred to below as <br /> <br />"Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuable considerlltion, Trustor conveys to Trustae in trust, WITH POWER OF SALE, for the benefit of <br />lendar 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 />LOT ONE (1), IN BLOCK NINETY- EIGHT (98), IN RAILROAD ADDITION TO THE CITY OF GRAND ISLAND, <br /> <br />HALLCOUNTY,NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 212 S WHEELER, GRAND ISLAND, NE 68801. The <br /> <br />Real Property tax identification number is 400080559. <br /> <br />CROSS-COllATERAlIZATlON. 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, surety, <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 />REVOL VING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit. which <br />obliglltes 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 />