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r.: <br />n ~ c~ v> <br />~.:r(, ~. <br />~.w.n = ~ 2~s ~ <br />~~ ~ ~ <br />j ~ ~~ '~- ~ <br />~ rwrrrr~ ~ ~ ~ ~ CS7 © -~-~ <br />r~- ~ <br />N v~ r" ~^ ...1r ~'7 <br />W ~ (r, H..' ~c N ~ <br />_` <br />~^ r~7 .,,~ ~ CaD Z <br />~ ~ Ca;) ~ <br />o <br />WHEN RECORDED MAIL TO: f~ <br />Five Palnts Bank ~ p •B ,~ /Sd 7 ~~ . 7 <br />Downtown <br />518 N Eddy ~ ~~~ ~ <br />rand I and NE 68 01 F R REC DER' U E NLY <br />FIVE PAINTS ~4111K <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 17, 2010, among DONALD D MEHRING and MARILYN J MEHRING, <br />HUSBAND AND WIFE ("Trustor"-; Five Points Bank, whose address is Downtown, 518 N Eddy ,Grand Island, <br />NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and FIVE POINTS <br />BANK, whose address is P O BOX 1507, GRAND ISLAND, NE fi8$02 (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 ar irrigation rightsl; 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 />EXHIBIT"A"' <br />The Real Property or its address is commonly known as 3333 W STATE ST, GRAND ISLAND, NE 68803. <br />The Real Property tax identification number is 400037181. <br />GRASS-GOLLATERALIZATION, In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of sithsr Trustor or Borrower to Lendsr, pr any pns or mere 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 purppse of the Npts, whether <br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absplute or contingent, liquidated or <br />unliquidated, whether harrower 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 ba 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 unenfprceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures alt future advances made by Lender tp 8orrower or Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition <br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan tp Borrower or Trustor, together with all interest <br />thereon. <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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER TWE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIpNS AND WARRANTIES. Trustor warrants that: la- 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 tp 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 viplatipn of any law, regulation, court decree or order applicable to Trustor; Id1 Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis infprmation about Borrower's financial cpndition; and (e) <br />Lender has made np representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />