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<br />WH N R�CORDED MAIL TO:
<br />Five Points Bank
<br />Weat Branch Pu ���x rsGl �
<br />2009 N. Diers Ave. � ��p„�„
<br />Grand Island, NE Q$$Q3 ____ _ __ FOR R�CqRDER'S U5E ONLY
<br />.,., ... �
<br />F►vE PD�NTS B�WWK
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated October 25, 2010, among DARRELL L PENAS and PAMELA PENAS; Husband
<br />and Wife ("Trustor"►; Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE
<br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points Bank,
<br />whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee").
<br />CONVEYANCE AND (3RANT. For valuabla cansideration, Trustar canveys tv Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Bqneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected pr affixed lauildings, imprqvements 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 releting to the real
<br />property, induding without limitatian all minerals, oil, gas, geothermal and similar matters, (the �� Real Proparty located in HALL
<br />County, State of Nebraska:
<br />Lats One (�►, Two (21, �hree (31, Four (4), and Five (5), in Block Two (�) in H. Bremers Subdivision, being
<br />a re-subdivsion of the West 55 feet of I.ot �"hree (3), and all of Lots Four (41, I�ive (51, and Six (61, and the
<br />�ast 96 feet of Lot Seven (7), and the West 44 feet of Lot �ight ($1, �nd all af Lots Nine (91, Ten (1Q1,
<br />Eleven ('I 1) and Twelve ( 9 21, of �lock One (11, �f First Artistic Homes Additian ta the City af Grand Island,
<br />Hall County, Nebraska
<br />The Real Property or its address is commonly known as 816 S EDDY ST, GRAND ISLAND, NE 68$01.
<br />CROSS-COLLA7ERALIXATION. In addition to the Note, this peed of Trust secures all obiigations, debts and liabilities, plus interest
<br />therean, of either Trustor or Borrpwer ip Lender, or any one or more of tham, as wall as all claims by Lender against Borrower and Trustor
<br />or any pne or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntery or otherwise, whether due or not due, direct or indirect, determined ar undetermined, absalute or contingent, liquidated or
<br />unliquidated, whether 8orrower or Trustar may be liable individually or jvintly with others, whethar obligated as guarantpr, surety,
<br />accnmmpdation party or ptherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
<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 Persanal Proparty and Rents.
<br />TMIS DE�D OF TRU51', INCLUDING THE ASSIGNMENT QF REN75 AND THE SECURITY INTEREST IN TH� RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT QF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, TWE RELATED DbCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEp7ED ON 7HE
<br />FOI�LOWING T�RMS:
<br />TRU57�F1'S RLPRE5EN7ATIONS AND WARRANTIES. Trustor warrants that: (a1 this Deed of Trust is executed at eorrower's request and
<br />nqt at the requast of Lander; (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 ta Trustor; (d) Trustnr has
<br />established adaquate means of obteining frpm Bnrrowar on a continuing basis information abqut Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor abput Borrower (including withput limitatipn 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
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