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� <br />� <br />N � <br />a � <br />- <br />� � <br />� � <br />0 <br />,p �� <br />� � <br />N � <br />� <br />� <br />'� <br />� <br />� R <br />_ <br />� , 3 � �� s .� � <br />RE-RECORD�D ~ <br />201�.02'72G <br />� <br />� <br />C <br />��� <br />�1 �/1 � <br />� .T. <br />�� � <br />f <br />� �°^. <br />� <br />� <br />� <br />� <br />� <br />rn <br />CL7 • <br />F—� <br />� <br />"� <br />3 <br />c.� <br />C,J ' <br />0 <br />�� <br />O --� <br />cn <br />Z� <br />--� <br />� O <br />O '=1 <br />� Z <br />� m <br />n ao <br />r � <br />r D <br />� <br />� <br />D <br />� � <br />f1� <br />CJ� <br />u <br />A! <br />:iA <br />� <br />. <br />0 <br />� <br />O <br />F—+ <br />F--� <br />O <br />►—+ <br />� <br />H <br />�� <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />FIVE POINTS BANK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 18, 2011, among ERNEST R. WILLIAMS, A MARRIED PERSON, AND <br />SUSAN K. WILLIAMS, HIS WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers <br />Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as <br />"Trustee"1. <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, geothermal and similar matters, (the " Real Property") loCated in HALL <br />County, State of Nebraska: <br />LOT SEVEN (7), BLOCK TWENTY-EIGHT (28), IN RUSSEL WHEELER'S ADDITION TO THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NE. <br />The Real Property or its address is commonly known as 106-108 E. 10TH ST., GRAND ISLAND, NE 68801. <br />The Real Property tax identification number is 400121573. <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 Rents. <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 (6) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN 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 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 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 Borrowerl. <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, including 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 />y�� �-� <br />DEED OF TRiTST RF-FILED TO CORRECT NOTARY NATE. <br />