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<br />N <br />\SI <br />\SI <br />co <br />\SI <br />N <br />~ <br />co <br />~ <br /> <br /> <br />~t <br /> <br />.'/' . , <br /> <br />:' , t, <br /> <br />., <br />~ <br />Z <br />o <br />en <br />.. <br /> <br />~ <br />c:;;> <br />c::::> <br />c.c::> <br /> <br />Q~ <br />~en <br />~::a:: <br /> <br />"\l.. <br />~~f <br />o''t- <br />..,., <br /> <br />"Il <br />-0 <br />;.:c <br /> <br />iE <br />~:z: <br /> <br /> <br />w <br /> <br />-0 <br />::3 <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />Downtown <br />370 N. Walnut <br />Grand Island, NE 68801 <br /> <br />w <br /> <br />a(j) <br />O-i <br />c::'t> <br />z-i <br />-if'Tl <br />-<0 <br />0"" <br />""T1z <br />~ f'll <br />>OJ <br />,:::0 <br />r~ <br />(j) <br />7" <br />~ <br />.............. <br /> <br />c::> <br />N <br />o <br />o <br />CD <br />o <br />f') <br />J: <br />CD <br />J: <br /> <br />I <br /> <br />a <br />;:J> <br />en <br />Z <br />~ <br />:0 <br />C <br />3: <br />m <br />~ <br />15 <br /> <br />-C <br />c::> <br /> <br />(/) <br />(j) <br /> <br />i/fo . oD <br /> <br />FOR RECORDER'S USE ONLY <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 />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is Downtown, 370 N. Walnut. Grand <br />Island. NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and FIVE <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 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 />County, State of Nebraska: <br /> <br />THE EASTERLY FOURTEEN (14) FEET OF LOT SEVEN (7) AND ALL OF LOT EIGHT (8), IN BLOCK NINETY- <br />EIGHT (98). IN RAILROAD ADDITION TO THE CITY OF GRAND ISLAND. HALL COUNTY. NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 218 S WHEELER. GRAND SILAND. NE 68801. The <br />Real Property tax identification number is 400080656. <br /> <br />CROSS-COllATERAlIZATION. 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, II 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 />