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~. <br />~ <br />n <br />m <br />~,~ rn = ~ ~ z <br /> <br />N - I" 1 0 ~ ~ ~~ ~ ~ rn N 37 <br />v <br />-~~ n=l, ~ cr, G, z ~ ~ c~ <br /> C7 ~ ~ ~~ ~-~' Q -~ c~ cAn <br />~~ ~ t~ Z <br /> p <br /> ~ ~ <br /> <br /> <br /> Cn <br /> <br /> <br />~w u-~ ~ I--+ ~ <br />~~"' `x' O <br />WHEN RECORDE MAIL TO: <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Brpadwell <br />P.p. Box 1507 <br />Grand Island NE 68$02-1507 FOR RECORDER'S USE ONLY <br />FivE Po-Nrs ~K -~.. <br />m <br />0 <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $14,310.50. <br />THIS DEED OF TRUST is dated May 26, 2009, among LEOPOLDO GUERRERO and ANGELICA GUERRERO, <br />husband and wife ("Trustor"-; Five Points Bank, whose address is "Your Hometown Bank'", 2095 N. <br />Broadwell, P.O. Box 7507, Grand Island, NE 68$02-1507 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"1; and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE <br />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 ar <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 rights; and all other ri hts, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, It~e "Real Property") located In MALL <br />County, State of Nebraska: <br />Lot One 111 and Two (21 Black Twenty-two (221 Village of Wood River, now City of Wood River, Hall <br />County, Nebraska. <br />The Real Property or its address is commonly known as 29 9 E 90TH ,WOOD RIVER , NE 68$83. <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 Note, all future amounts Lender in its discretion may Ivan to Borrower, together with all Interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $14,310.50. <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, 15 GIVEN TO SECURE IA- PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRU5T. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: Ia1 this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (bl Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; Icl 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 dv not result in a violation of any law, regulation, court decree ar 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 (e- <br />Lendsr 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 far deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />