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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank / D
<br />West Branch ~+/ ~'-~
<br />2009 N. Diets Ave.
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONlrX.
<br />FIVE PO-NTS ~an-K
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated March 3, 2010, among DT HOMES LLC, whose address is 706 W OKLAHOMA
<br />AVE, GRAND ISLAND, NE 68801-6753 ("Trustor"); Five Paints Bank, whose address is West Branch, 2009
<br />N. Diets Ave., Grand Island, NE 6$803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"1; and Fiv@ Points Bank, whose address is P.O Bax 1507, Grand Island, NE 68802-1507 (referred
<br />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; ali 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 ri hts, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, It~e "Real Property") IOCat@d in HALL
<br />County, S#ate of Nebraska:
<br />The Southerly 66 feet of Fractional Lats 1 and 2, in Fractional Block 38, in Charles Wasmer's Addition, to
<br />the City of Grand Island, N@braska and its complement being Fractional Lot 1, in Fractional Block 3, in
<br />Windolph's Addition to th@ City of Grand Island, Nebraska, and being a rectangular tract of ground having
<br />an easterly frontage of 66 feet on Adams Street, a depth of 106 f@et and bounded on the south by the
<br />alley in said Blocks 3 and 38, as surveyed, platted and recorded.
<br />The R@aI Property ar its address is commonly known as 508 S ADAMS, GRAND ISLAND, NE 68801.
<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 />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 PER50NAL
<br />PROPERTY, IS GIVEN TO SECURE IA- PAYMENT OF TWE INDEBTEDNESS AND IBI PERFORMANCE pF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED DF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ibl 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, ar result in a default under any agreement ar other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Id) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and lel
<br />Lender has made na 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, ar 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,
<br />q~~~~ '~
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