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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank i "'
<br />South Branch ~; ~S-~ ~
<br />3111 W. Stolley Pk. Rd.
<br />Grand Island NE 68801 FOR RECORDER'S USE ONLY
<br />F-vE Po-n-rs B~wK
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5142,000.00.
<br />THIS DEED OF TRUST is dated May 26, 2009, among JACOB T DIMMITT and ELIZABETH A DIMMITT;
<br />HUSBAND AND WIFE ("Trustor"1; Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd.,
<br />Grand Island, NE 68801 (referred to below sometimes as "Lander" and sometimes as "Beneficiary"1; and Five
<br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1.
<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 stack in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, ail, gas, geothermal and similar matters, (the '"Real Property") located in HALL
<br />County, State of Nebraska:
<br />LOT FOUR (41, BLOCK FOUR (41, PLEASANT VIEW ADDITION TO THE CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 829 E OKLAHOMA AVE, GRAND ISLAND, NE
<br />68801.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not
<br />the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Nate, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $142,000.00.
<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 Tp SECURE IA1 PAYMENT OF THE INDEBTEDNESS AND IBI 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: la) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ib) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; Ic- the provisions of this Dead 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; Id) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and le)
<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 "ono 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 ar completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
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