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~^ <br />~,,..~ <br />n <br /> <br />~ cr: <br />m <br />---I <br /> <br />~ <br />~ <br /> <br />~ <br />~ <br />A <br />~ <br />2 <br />~i... <br />~ <br />~ <br />° <br />~ a <br />a c~ <br /> <br />~' m <br />~ <br />~ ~' ~ ~ r <br />n v <br />~ ~ ~ `~ <:a ~, c~ cn <br /> 2 ~ r - <br />~ <br />~ ~, v T, :.~ <br />C° ~ <br /> <br />~ <br />cfl <br />~ ° mot, ,..q ; ~ C, -1 <br />~ ~ 3 ~ ~ c.l~ ~ <br /> <br /> r-~ ~ ~ ~ <br />~~ ~ [cc~ ~~ <br /> c.~ ~ - <br />~~ .~ ~ ~ <br /> ~ <br />~~-7'cni si -' <br />WHEN RECOR~~MAIL TO: <br />Five Points Bank ~t ("'~v <br />Weat Branch po~~,~, /Sa 7 `r ~+ <br />2009 N. Dlers Ave. .... _ _ ..,. _,.. ~._ <br />Grand Island, NE 6$803 l D y F R RE ORDER'S <br />FIVE PO-NrS ~an-K <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated November 30, 2009, among EDWARD STOLTENBERG and DEB <br />STOLTENBERG, whose address is 4980 N 90TH RD, CAIRO, NE 68824-9777 ("Trustor"1; Five Points Bank, <br />whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.0 Box 1507, Grand <br />Island, NE 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, fow the benefit of <br />Lander 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 ar 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 ri hts, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (t~,e "Real Property") located In MALL <br />County, State of Nebraska: <br />THE EAST HALF OF THE SOUTHWEST QUARTER (E112 SW1/4) AND THE WEST HALF OF THE <br />SOUTHEAST QUARTER (W1/2 SE1/4) IN SECTION TWENTY-THREE (231. TOWNSHIP TWLEVE 1121 <br />NORTH, RANGE ELEVEN (71) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA <br />The Real Property ar its address is commonly known as 160 ACRES OF IRRIGATED FARMLAND, 23-12-11, <br />NE. The Real Property tax identification number is 400191318. <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 pf 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 ba 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 amounts may be pr hereafter may became otherwise unenforceable. <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 />Cpda 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 Tp SECURE IA) PAYMENT OF THE INDEBTEDNESS AND IBI 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dsed of Trust, Trustor shall pay to Lender all amounts secured by <br />this peed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Nate, this <br />peed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Prpperty shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property; <br />