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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />North Branch
<br />2075 North Broadwall
<br />r n d E 68803 FOR RECORDER'S SE NLY
<br />FIVE POINTS L~4NK ~--
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $265,000.00.
<br />THIS DEED OF TRUST is dated August 16, 2010, among KENNETH J TERRY and KIMBERLY A TERRY;
<br />HUSBAND AND WIFE ("Trustor"-; Five Points Bank, whose address is North Branch, 2075 North Broadwall,
<br />Grand Island, NE 68803 (referred to below sometimes as "'Lender" and sometimes as "Beneficiary"'-; and Five
<br />Paints Bank, whose address is P,D Box 1507, Grand Island, NE 68802-1507 (referred 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 ar irrigation rights; and all other rights, royalties, and profits relatin to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") locate in HALL
<br />County, State of Nebraska:
<br />LOT FIVE (51, BLOCK THREE (31, WOODLAND PARK FOURTH SUBDIVISION, 1N THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA
<br />The R®al Property or its address is commonly known as 4723 TEXAS AVE, GRAND ISLAND, NE 68803. The
<br />Real Property tax identification number is 400429217.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no
<br />avant shall such future advances (excluding interest) exceed in the aggregate 5265,000.Op.
<br />Trustar presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustar's right, title, and interest in and to all
<br />present and future leases cf 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 15 GIVEN ANp 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 Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustar's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustar agrees that Trustor's possession and use of the Property shall be
<br />governed by the fallowing provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty #o Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
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