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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank ~ c7 , ~~ 1 ~ ~ 7
<br />South Branch ~Q• /~
<br />37 71 W. Stolley Pk. Rd. '
<br />ran 1 la d NE 688 7 ~O ~ p~ Z F R RD E ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 28, 2010, among WENDELL R DU6B5 and SALLY DUBBS; HUSBAND
<br />AND WIFE ('"Trustor"1; Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand
<br />Island, 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 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 following described real property, together with all existing ar
<br />subsequently erected ar 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 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'") IOCated in HALL
<br />County, State of Nebraska:
<br />THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE1/4SE1/41; AND THE WEST HALF OF
<br />THE SOUTHEAST O,UARTER (W1/2SE1/41 OF SECTION THREE (3-, TOWNSHIP TEN (10) NORTH, RANGE
<br />TWELVE 1121, WEST OF THE 6TH P.M., IN MALL COUNTY, NEBRASKA, SUBJECT TO EASEMENTS,
<br />RESERVATIONS AND PUBLIC ROADS EITHER APPARENT OR OF RECORD, AND BEING 120 ACRES,
<br />MORE OR LESS.
<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 />Gode 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 161 PERFORMANGE OF ANY AND ALL 08LIGATIONS
<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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Daed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSE5310N AND MAINTENANCE pF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 11) remain in possession and control of the Property;
<br />12) use, operate or manage the Property; and 131 collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; 12) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of any
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