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:'"' rn~ ° n cn 2 <br />~ ~ © ~ p ~ ~ ~ ~ rTl <br />~ .~ .-1 c7 ~ ~ ~, <br />~~ :~ rr~ <br />rn " ~ -~ 2~ w ~ ~ <br />~A1I ~' ~ C J ~ ~ 1.f.1 <br />~ W <br />F~ cn t,Q ~ <br />t" O <br />WHEN RECORDED MAIL TO: <br />Five Paints Bank <br />West Branch <br />2009 N. Diets Ave. <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />FivF Porrurs ~wK o~ <br />~, <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $72,500.00. <br />THIS DEED OF TRUST is da#ed July 16, 2010, among SCOTT R PAULSEN, a Married Man and WENDY <br />PAULSEN, his Wife ("Trustor"1; Five Points Bank, whose address is West Branch. 2009 N. Diets Ave., Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points <br />Bank, whose address is P.0 Box 7 507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. Fpr valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lend®r 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 stack 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 />Suite Thirty Two (32) and Garage "P", in "D" Windsor Square Condominium Property Regime, Unit Four <br />(41, Lot Two 121, Block Eight 18-, Replat of Continental Gardens, an Addition to the City of Grand Island, <br />Hall County, Nebraska. <br />The Real Property or its address is commonly known as 3027 W Capital Ave #32, Grand Island, NE 68803. <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 IA1 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 QN 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; Ib) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; Ic1 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; (d) 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 no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights yr 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 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 />this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Truster agree that Borrower's and Trustvr's possession and use of <br />