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.~~+ ~ <br />rwr~ <br />~~ ~"' <br /> , <br />~~ ~ <br />~ <br />B ~"' <br />~~ ~~ C <br /> <br /> ~ _ <br />~r~ <br />~~ r~ <br /> <br />~ ~'"' <br />~~ IP~k <br /> X11 <br /> r.: ~ <br /> ,~~" C`> U"y ff1 <br /> ~ ca --+ ~ ~ <br />n n ms's 1, c ~. <br />r~ r°7, _ <br />w <br />~ ~ ~_~ ~ ~ 7 I---~ <br /> ~ W ~ ~ p ~ <br /> rr~ <br /> <br /> ~ r-' <br /> o ~ <br />r rn ~ <br /> ~~ <br />f~ <br />~ <br />W <br /> <br /> ~ W <br /> <br /> C.t] rr> <br />' pp Q <br /> - <br />CI <br />WHEN RECORDED MAIL TO: <br />Five Paints Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand I_sl_andN_E 6$$03 FOR RECORDER'S USE ONLY <br />rnrrs B~uuK <br />FivE Po~. ..~. <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 27, 2010, among PATTY J ESSINK, f/k/a PATTY J ROSS, A MARRIED <br />PERSON and KENNETH G ESSINK, JR., HER HUSBAND ("Trustor"); Five Poin#s Bank, whose address is West <br />Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE <br />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 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 />Coun#y, State of Nebraska: <br />See Attached Exhibit "A" <br />The Real Property or its address is commonly known as 4197 W CAPITAL AVE, GRAND ISLAND, NE <br />68$03-1121. The Real Property tax identification number is 400163608. <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 IA) PAYMENT pF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER TWE NOTE, THE RELATED DOCUMENTS, AND THIS DEED pF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING tERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la- this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) 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; 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 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 Nate, <br />this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisions: <br />0 <br />CJ <br />