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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank P~ /~~, /So.7 Z1
<br />West Branch ~ Pfd ~ ~ i . ~
<br />2009 N. Diers Ave.
<br />............Gland Island, NE 6$$03 FOR RECORDER'S USE ONLY
<br />FIVE POINTS BANK
<br />DEFD OF TRUST
<br />THIS DEED OF TRUST is dated August 12, 2009, among NICOLE DIETZ, f/k/a NICOLE KARR and JAMES D
<br />DIETZ; WIFE AND HUSBAND ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers
<br />Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-;
<br />and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as
<br />"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 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, Sta#e of Nebraska:
<br />the West sixty Four (64) Feet of Lot One 11) and the West Sixty Faur 164) Feet of the North Forty Two (Q2)
<br />Feet of Lot Two 12-, Block Nine (9), Harrison's Subdivision, City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 2129 W 15TH ST, GRAND ISLAND, NE
<br />68803-2623.
<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 TWE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS 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 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; Ib1 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 heed 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; (dl 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 "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 />POSSESSIDN AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
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