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<br />WHEN RECORDED MAIL TO: hh
<br />Five Points Bank QV
<br />West Branch ~ (Q,
<br />2009 N. piers Ave.
<br />Grand Island. NE 68803 __.. FOR RECORDER'S U$E ONLY
<br />FIVE POINTS BANK
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $75,000.00.
<br />THIS DEED OF TRUST is dated November 4, 2009, among DT HOMES, LLC, whose address is 706 W
<br />OKLAHOMA AVE, GRAND ISLAND, NE 68801 ("Trustor"1; Five Points Bank, whose address is West Branch,
<br />2009 N. Diets Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"1; and Five Points Bank, whose address is P.O Bax 1507, Grand Island, NE 68802-1507 (referred
<br />to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideratlan, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Benefipiary, 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 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 TWO 121, AND ALL OF LOT THREE (31, EXCEPTING THE SOUTHERLY THIRTY-THREE (33) FEET OF
<br />THE WESTERLY TWENTY-FIVE (25) FEET, ALL IN BLOCK SIX 16), IN THE ORIGINAL TOWN, NOW CITY OF
<br />GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 107 E. 7TH ST, GRAND ISLAND, NE 6$$01. The
<br />Real Property tax identification number is 400000326.
<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 />Cade 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 TO SECURE IA1 PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE= NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. TH15 DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIEES. Trustor warrants that: lal 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; (c) 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 do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Id1 Trustor has
<br />established adequate means of obtaining from Borrower an 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 Borrawer-.
<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,
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