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<br />WHI NERI~~RDEDRMAIL TO: ~S, SL7
<br />Five Points Bank
<br />West Branch /pC1 ,Ef o rG /SO ~
<br />2009 N. Diers Ave.
<br />Grand Island. NE 68803 ~ ~~4~- F4k~A~Of?91]ER'S USE ONLY
<br />F-VE POINTS BAIVK
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Dead of Trust shall not exceed at any one time $400,000.00.
<br />THIS DEED OF TRUST is dated January 11, 2010, among BRAD EARNEST and AMY EARNEST, whose
<br />address is 10200 W CEDARVIEW RD, WOOD RIVER, NE 68883-9544 ("Trustor"1; Five Points Bank, whose
<br />address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"1; and Five Points Bank, whose address is P,O 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, 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, (t a "Real Property") located in HALL
<br />County, State of Nebraska:
<br />The South Half of the Southeast Quarter (S1/2 SE1/4) of Section Fifteen (151, Township Ten (101 North,
<br />Range Eleven (11), West of the Sixth (6th) P.M., Hall County, Nebraska
<br />The Real Property or its address is commonly known as S1/2 SE1/4 OF 15-10-11, NE.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Daed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all Interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate 5400,000.00.
<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 Proporty 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 A551GNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL DBLIGATIONS
<br />UNDER TWE NOTE, THE RELATED DOCUMENTS, ANp THIS DEED OF TRUST. TH15 DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may l11 remain in possession and control of the Property;
<br />121 use, operate or manage the Property; and 131 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.
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