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~~ <br />~-,.y <br />m <br /> <br />~~ ~; <br />~ ~~ <br />o~ © z <br /> ;, <br /> Z ~ - t°' ~ ~ m <br />~ r <br />n C~~ a C <br />7 <br />~ <br />~ ~ _ ~ N ~'~' N O ~ C7 ~ <br />~ ~_ rn .. ~ <br />.~, rn ~ ~ cc~ ~ <br /> <br />~ <br />~ <br />~ r:, c'~ <br />~ '~' ~ r ~ [1'1 ~7 <br />~~ <br /> <br />N <br />c.7 <br />~ <br /> <br />C~ <br />~A h-+ ~ ~ <br /> <br /> <br /> CD r1~ <br />~~ ~ Z <br /> <br />WHE~~iDED MA~ 70: <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Broadwell - '~S ^ .S O <br />P.O. Bqx 1507 <br />Gran Island NE B 0 -1 7 F R R ORDER'S iJ E LY <br />FIVE PANTS BANK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 3, 2009, among ARNOLD C WENN and LINDA C WENN, HUSBAND AND <br />WIFE ("Trustor"-; Five Points Bank, whose address is "Your Hometown Bank", 2015 N. Broadwell, P.O. Box <br />1507, Grand Island, NE 68802-1507 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"1; and FIVE POINTS BANK, whose address is P.O. BOX 1507, GRAND ISLAND , NE 68802-1507 <br />(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 pf 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 all other rights, royalties, and profits relatin 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 SEVEN (7), IN BLOCK ONE 111, UNIVERSITY PLACE, AN ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA, <br />The Real Property or its address is commonly known as 2422 N CUSTER GRAND ISLAND NE <br />68801-7365. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Borrower so long as Borrower complies with all thq terms of the Note. <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 1B- 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; Ib- Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; Ic1 the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement ar other instrument <br />binding upon Trustor and do not result in a violation of any law, regulatipn, 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 (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 "ane 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, 8orrawer shall pay to Lander all Indebtedness <br />