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~~~ <br /> <br />.~~ <br />1~f1 <br />= ~ ~~ <br />~ <br />t a C,n <br /> <br />~ <br />y <br />.~. <br />_~____- <br />, c n = ~ ° ~ a ~ <br /> Z ~ <br />~ C - <br />~ ~ -+ <br />~ ~ ~ m <br />d <br />s' ~ f/1 ~~ ~ ~ C~ A <br />, <br />rrrr~ f71 F~ <br />'m r~ ~ _ ~ ~ C..? 'Y'1 ~ <br /> ~ ~ -~ A tx~ CY . ---I <br /> <br />~ <br />~.r.~ <br />- <br />. r ~ w m <br />' <br /> r © <br /> c <br />~ ~ ~ <br />:~ ~„~ ~ o <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. <br />