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<br /> WHEN RECORDED MAIL TO:
<br /> Five Points Bank ~j
<br /> West Branch 10.0- vy- ) .5Q `7
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<br /> 2009 N. Diers Ave.
<br /> Gran I l n E 68893 & 9"86'2' FOR RECORDER' USE ONLY
<br /> FIVE Pows &NK
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $50,295.50.
<br /> THIS DEED OF TRUST is dated September 3, 2010, among DT HOMES LLC, whose address is 706 W
<br /> OKLAHOMA AVE, GRAND ISLAND, NE 68801-6753 ("Trustor"); Five Points 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") located in HALL
<br /> COUNTY County, State of Nebraska:
<br /> Fractional Lot One (1), in Fractional Block Twelve (12) in Rollin's Addition and its complement, to-wit:
<br /> Fractional Lot One (1), in Fractional Block Eighteen (18), in Wallich's Addition to the City of Grand Island,
<br /> Hall County, Nebraska
<br /> The Real Property or its address is commonly known as 1103 WEST 6TH STREET, GRAND ISLAND, NE
<br /> 68801.
<br /> REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
<br /> obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Note.
<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 (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: (a) 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; (c) 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 (e)
<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.
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