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<br />WHEN RECORDED MAIL TO: d
<br />Five Points Bank �� (�
<br />West Branch '
<br />2009 N. Diers Ave.
<br />Grand Island NE 68803 FOR RECORDER'S USE ONLY
<br />FIVE PDINTS BANK
<br />DEED OF TRUST
<br />TH1S DEED OF TRUST is dated January 26, 2011, 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 />CONYEYANCE 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; ali easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (includi�g stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation aIl minerals, oil, gas, geothermal and similar matters, (th@ �� Rea! Property located in HALL
<br />County, State of Nebraska:
<br />The Easterly Two and Eight Tenths (2.8) feet of Lot Nine (9) and all of Lot Ten (10), in Block Twenty-three
<br />(23), in Russel Wheeler's Addition to the City of Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 504 W 10TH, 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 from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Renis.
<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 7HIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEM 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 fuil 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, includi�g 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.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to 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 Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />
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