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Diers Ave. <br />n sland 111E 68803 ���� Z FOR RECORDER'3 E NLY <br />FI VE P�INTS �i4NK <br />DEED OF TRUST <br />THIS DEED O� TRUST is dated December 17, 2010, among ERNESI" R WILLIAMS, A MARRIED PERSON, AND <br />SUSAN K WILLIAMS, HIS WIFE ("Trustor"►; Five Points Bank, whose address is West Branch, 2Q09 N. Diers <br />Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary'"1; <br />and Five Points Bank, whose address is P.O Bux 15p7, Grand Island, NE 68802-1507 Uaferred to below as <br />"Trustee" 1. <br />CQNVEYANCE AND GRANT. For veluable consideration, Trustor conveys tp Trustee in trust, WITH POW�R OF SALE, for the beneflt of <br />Lender as Beneflciary, all of Trustor's right, titl�, and interest in and to the following described real prpperty, together with all existing or <br />subsequently erected or affixed buildings, improvemants and fixtures; all easements, rights of way, and appurtansnces; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights►; and all other rights, royalties, and profits relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") IoCet9d in HALI, <br />County, State of Nebraska: <br />Lot Seven (71, Block Five (5), in the Original Town, now City af Grand Island, Hall County, Nebraska. <br />The Real Property or its address is cammonly known as 216 - 216.5 E 67H ST, GRAND ISLAND, NE 68801. <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 frpm 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 REN75 AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT AF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGA710N5 <br />UNDER THE NQTE, THE RELATED DOCUMENTS, AND THIS DEEq OF TRUST. TWIS DEED OF TRUST IS (31VEN ANU 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 intn this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do npt 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 applica6le 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 representstion to Trustor about 8orrower (including without limitation the creditworthiness of Borrowerl. <br />TRUSTOR'S WpIVERS. "frustor waives all rights or defenses arising by raasan of any "one action" or "anti-deficiency" law, or any pther <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 ciaim for deficiency, before or after lender's commencement or completipn pf any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as ptherwise provided in this Deed of Trust, Borrower shall pay ta 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 Note, <br />this Daad af Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possessipn and use of <br />the Property shall be gaverned by the tollowing provisions: <br />Possession and Use. Until the occurrence of an Event of Default, 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 />