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<br />WHEN RECORDED MAIL TO:
<br />FIVE POINTS BANK OF HASTINGS
<br />MAIN BANK
<br />2$15 OSBORNE DRIVE WEST
<br />HA TINGS NE 901 F R RECORDER'S USE ONLY
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<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5182,419.75.
<br />THIS DEED OF TRUST is dated September 15, 2010, among DOUGLAS J HERBEK and TENA L HERBEK;
<br />HUSBAND AND WIFE ("Trustor"); FIVE POINTS BANK OF HASTINGS ,whose address is MAIN BANK, 2815
<br />OSBORNE DRIVE WEST, HASTINGS, NE 6$907 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Five Points Bank of Hastings, whose address is 2$'15 Osborne Drive West, Hastings, NE
<br />6$907 (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 rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, gepthermal and similar matters, (the 'Real Property") located in HALL
<br />County, State of Nebraska:
<br />Lot Eleven (7 7 ), Westwood Park Eighth Subdivision, in the City of Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 409 BEACHWOOD DR, GRAND ISLAND, NE
<br />6$$03-39$6. The Real Property tax identification number is 400420546.
<br />FUTURE ADVANCES. In addition to the Note, this Daed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, alt future amounts Lender in its discretion may Ipan to Trustor, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate 5182,09$.65.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Daed of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future leases of the Prpperty and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Cede security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN TWE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THIS DEED OF TRUST. TWIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 Trustor's obligatipns under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster 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 111 remain in possession and control of the Property;
<br />12) use, operate or manage the Property; and 13) collect the Rents from the Property.
<br />Duty to Maintain. Truster shall maintain the Property in geed condition and promptly perform atl repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and Haver will be sp long as this Deed of
<br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disppsal, release pr threatened release
<br />of any Hazardous Substance in violation of any Environmental Laws. Trustor authorises Lender and its agents tp enter upon the
<br />Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this
<br />section of the Deed of Trust. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution
<br />in the event Trustor becomes liable for cleanup or other costs under any such laws, and 12) .agrees to indemnify, defend, and hold
<br />harmless Lender against any and all claims and leases resulting from a breach of this paragraph of the Deed of Trust. This obligation
<br />to indemnify and defend shall survive the payment of the Indebtedness and the satisfactipn of this Deed of Trust.
<br />DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />Real Prpperty. A "sale pr transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
<br />beneficial pr equitable; whether voluntary ar involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br />for deed, leasehold interest with a term greater than three (31 years, lease-option contract, or by sale, assignment, or transfer of any
<br />beneficial interest in or to any land trust holding title to the Real Property, or by any other methpd of conveyance of an interest in the Real
<br />Property. However, this option shall not be exercised by Lander if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The follpwing provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due lend in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer, fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except fpr the
<br />Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The follpwing provisions relating to insuring the Property are a part of this Dead of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an ampunt
<br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such
<br />other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
<br />
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