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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank p(~ , BAG /SO'~ [l5 ,~j Q
<br />West Branch 'J
<br />2009 N. piers Ave.
<br />Grand Island, NE 68803 6 8~d2a __ FOR RECOROER'S USE ONLY
<br />F-VE POINTS BANK
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated April 13, 2010, among TODD R NELSON and LORIE J NELSON; Husband and
<br />Wife ("Trustor"1; Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE
<br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank,
<br />whose address is P.O Box 1507, Grand Island, NE 68802-1507 (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 fallowing 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 />Lot One 11 ), Black Two (2), Fireside Estates Subdivision, in Hall County, Nebraska
<br />The Real Property or its address is commonly known as 3409 GRAHAM AVE, GRAND ISLAND, NE
<br />68803-6526.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures ail obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lender, nr any one or more of them, as well as all claims by Lender against Borrower and Trustor
<br />or any ono or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary nr 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 ar 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 />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 TWE SECURITY INTEREST IN THE RENTS ANp PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IAl PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY ANp ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATEp pOCUMENTS, AND TWIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS ANp WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ib- Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; Ic- the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Idl Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and le)
<br />lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower.
<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 Truster, including a claim for deficiency to the extent Lender is otherwise
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