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<br />WHEN RECORDED MAIL TO: , {/ ~p ~
<br />Five Ppints Bank ")~(o
<br />Kearney P 0 '~ d~ q 0
<br />7 808 W 38th Street
<br />Kearns NE B884 ~"' O rID q FOR RECORDER'S USE NLY
<br />FIVE PAINTS ~B~41VK
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5445,600.00.
<br />THIS- DEED OF TRUST is dated June 29, 2009, among DALE ARP and KATHLEEN ARP; HUSBAND AND WIFE
<br />("True#or"1; Five Points Bank, whose address is Kearney, 1809 W 39th Street, Kearney, NE 68845 (referred
<br />to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points Bank, whose address is P.O
<br />Bax 1507, Grand Island, NE 6$$02-1507 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Truster 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 rightsl; and ell other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, nil, gas, geothermal and similar matters, (the "Real Property") located in HALL
<br />County, State of Nebraska:
<br />THE NORTH TWENTY-FIVE FEET (25') OF THE EAST TWO HUNDRED SIXTY FEET (260') OF LOT ONE 11)
<br />AND ALL OF LOT TWO (2), WOODLAND THIRD SUBDIVISION, TO THE CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA EXCEPTING A TRACT DEEDED TO THE CITY OF GRAND ISLAND MORE
<br />PARTICULARLY DESCRIBED IN DOCUMENT NO. 200007279.
<br />The Real Property or its address is commonly known as 2824 S LOCUST ST, GRAND ISLAND, NE 6$801.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amcunts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />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 loan to Trustor, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate 5445,600.00.
<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 Rants.
<br />THIS DEEP OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS ANb 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, ANb THIS DEED OF TRUST. THIS DEED OF TRUST 15 GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
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