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<br /> FIVE POINTS BANK OF HASTINGS
<br /> MAIN BANK
<br /> 2815 OSBORNE DRIVE WEST
<br /> HASTINGS NE 68901 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $150,000.00.
<br /> THIS DEED OF TRUST is dated November 20, 2009, among STEPHEN D SCHUPPAN and LORI L SCHUPPAN;
<br /> HUSBAND AND WIFE ("Trustor"); FIVE POINTS BANK OF HASTINGS , whose address is MAIN BANK, 2815
<br /> OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes as
<br /> "Beneficiary"); and Five Points Bank of Hastings, whose address is 2815 Osborne Drive West, Hastings, NE
<br /> 68902-0055 (referred to below as "Trustee").
<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, State of Nebraska.
<br /> See EXHIBIT A. which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set
<br /> forth herein.
<br /> The Real Property or its address is commonly known as 275 W LOWRY RD, DONIPHAN, NE 68832.
<br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br /> thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor
<br /> or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br /> voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br /> unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br /> accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is
<br /> required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other
<br /> liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such
<br /> notice is given.
<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 the terms of the Note.
<br /> Truster 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, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br /> UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<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 and Trustor shall pay to Lender all
<br /> Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br /> obligations under the Note, this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truster agree that Borrower's and Trustor's possession and use of
<br /> the Property shall be governed by the following provisions:
<br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br /> (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br /> maintenance necessary to preserve its value.
<br /> Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of
<br /> Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release
<br /> of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the
<br /> Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this
<br /> section of the Deed of Trust. Trustor hereby (11 releases and waives any future claims against Lender for indemnity or contribution
<br /> in the event Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and hold
<br /> harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation
<br /> to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust.
<br /> DUE ON SALE CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br /> Deed of Trust upon the sale or transfer, without. Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br /> Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
<br /> beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br /> for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any
<br /> beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br /> Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
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