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<br />~ ~ <br />~.^ <br />~~ <br /> <br />~ ~ r <br />..~ :~: <br />~ ~~ <br />r7, <br /> <br />~~ <br />_ <br />,~~. <br />err ~ <br /> c~ <br /> r•.: <br /> c~ cn <br />a <br />Z <br /> ~ c> --{ <br /> .tr <br />~ c ~_ r~ <br /> ~ ~ ~ ~ <br />~ ~ ~ fr1 C~ ~ <br /> <br /> <br /> - <br />~ p ~ ~ j ~ r.r~ C/] <br />m ~ <br />~ rn ~-~j ~ ~ ~ ~ <br />~ = a <br /> ~ <br />~ ~ rv ~ <br />~ <br /> 1 ~ c.c~ m <br /> ~ 0 c~ .-....,,w. <br /> ._,~ `~ ~ <br /> <br /> z <br /> 0 <br />WHEN RECORDED MAIL TO: ~ ~ ~D <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />FIVE POinrrS B~ww-~ <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 18, 2010, among DIANA L WHITEHEAD; a Married Woman and GLENN <br />EUGENE WHITEHEAD, her' Husband ("Trustor"); Fiv® Points Bank, whose address is West Branch, 2009 N. <br />Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Five Points Bank, whose address is P,0 Box 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; 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°) IOCated In HALL <br />County, State of Nebraska: <br />Condominium Unit 1004, The Yanc®y, a Condominium, in the City of Grand Island, Hall County, Nebraska, <br />a Condominium in accordance with the Declaration recorded on October 17, 1984 under Instrument <br />#84-005507 of the County of Hall, State of Nebraska. <br />The Real Property or its address is commonly known as 123 N LOCUST ST #1004, GRAND ISLAND, NE <br />68801. <br />Trustor presently assigns to Lender (also known as Beneficiary in this heed 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 (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE 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 REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (al this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (bl 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; Id- 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 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 Peed 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 />this Deed of Trust, and the Related bocuments. <br />