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<br /> WHEN RECORDED MAIL TO.,
<br /> Five Points Bank f o 130 1507 ~f
<br /> South Branch (R J'd _
<br /> 3111 W. Stolley Pk. Rd.
<br /> Grand Isl n NE 688Q1 FOR RECORDER'S USE ONLY
<br /> FIVE POINTS BANK
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated April 7, 2009, among STEPHEN D CAIN and JULIE K CAIN; HUSBAND AND
<br /> WIFE ('"Trustor"); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand Island, NE
<br /> 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank,
<br /> whose address is P.0 Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee").
<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 /> LOT TWO (2) IN BLOCK ONE (1) IN KAY DEE SUBDIVISION, LOCATED ON PART OF THE SOUTHWEST
<br /> QUARTER OF THE SOUTHWEST QUARTER (SW1/4SW114) IN SECTION TWENTY-ONE (21), TOWNSHIP
<br /> ELEVEN 01) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA.
<br /> The Real Property or its address is commonly known as 1919 DEL MAR AVE, GRAND ISLAND, NE
<br /> 68803-6310.
<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 /> 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 /> 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 /> 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 /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br /> secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
<br /> this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY, Borrower and Trustor agree that Borrower's and Trustor's possession and use of
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