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<br />WHEN RECORD MA TO:
<br />Five Points Bank p
<br />West Branch /� d ° �'s'y /$ 0 �7 � �tl ° �
<br />2pp9 N. biers Ave.
<br />rand I land NE 68803 �°���'� FQR RECORDER'5 USE ONLY
<br />'� '�� �. .--..- .. _ ..
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated November 9, 20'10, among ROGER W HUGHES and NELPHA P HUGHES;
<br />Husband and Wife ("Trustor"1; Five Points Bank, whose address is West Branch, 2Qp9 N. Diers Ave., Grand
<br />Island, NE 6$803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points
<br />Bank, whase address is P.O Box 1507, Grand Island, NE 88802-9507 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valua6le cpnsideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the qenefit of
<br />Lander es Beneficiary, all of Trustor's right, title, and intarest in and to the following described reai 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, geothermal and similar matters, (the "Real PI'pp9rty") IoCated In HALL
<br />County, State of Nebraska.
<br />The Westerly 46.55 Feet of Lot Four (4) and the Easterly 35.5 Feet of Lot Five (5) in Black Two (�), in
<br />Knickrehm Fifth Addition to tha City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 104 E 23RD ST, GRAND ISLAN�, NE 68801-2335.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limit�tion, a revolving line of credh, which
<br />obllgates Lander ta make advances to Trustor so long as Trustor cpmplies whh all the terms of the Credk Agreement. $uch advances may
<br />be made, rapaid, and remade frpm time to time, subject to the limitation th�t the total outstanding balance owing et any one time, not
<br />including finance charges on such balanca at a fixed or variable rate or sum as prqvided in the Credit Agreement, any temporary overages,
<br />other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credk Limk as providad in the
<br />Credit Agreement. It is the intention of Trustor and Laradar thatxhis Deed of Trusi secures the halance outs#anding_under the Credi#
<br />Agreement from time to time from zero up to tha Credit Limit as provided in the Cradit Agreement and any intermedfate balanca.
<br />7rustor 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 QF TRUST, INCLUpING 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 (6) PERFORMANCE OF EACM QF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF 7RUST IS GIVEN AND ACCEPTED QN THE
<br />FOLLQWING T�RNVIS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed af Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall stric#ly and in a timely manner perform all af Trustor's obligations under the Credit
<br />Agreement, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANGE OF THE PROPERTY. Trustor 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 �efault, Trustor may (1) 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 to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necassary to preserve its value.
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