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<br />WHEN RECORDED MAIL TO;
<br />Five Poirrts Bank
<br />West Branch �
<br />2009 N. Dlers Ave.
<br />Grand Island. NE 6$803 FOR RECORDER'S USE ONLY ��
<br />FivE Po��rs BanrK ��
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5400,000.00.
<br />THIS DEED OF TRUST is deted April 26, 2011, among Brian Earnest, A Single Person, And Brad D. Earnest, A
<br />Married Person, and Amy Earnest, His Wife ("Trustor"�; Five Points Bank, whose address is West Branch,
<br />2009 N, Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred
<br />to below as "Trustee").
<br />CONVEYANCE AMD GRANT. For valuable consideretlon, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the trenetit of
<br />Lender as Beneficiary, all of Trustor's right, tltle, and lnterest in and to the following described real proparty, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; ell easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utifities with ditch or trrigation rights); and all other rights, royalties, and protlts relating to the real
<br />property, including without timitation ell minerals, oil, gas, geothermal and similar matters, (th@ "Real Property") located in HALL
<br />County, State of Nebraska:
<br />The East Half of the Southeast Quarter (E1/2SE1/4) of Section Fourteen (14�, Township Nine (9) North,
<br />Range Twelve (12) West of the 6th P.M., Hall County, Nebraska, lying North of the Interstate Highway
<br />The Real Property or its address is commonly known as FQRMGROUND IN HALL COUNTY, NE,
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures aN future advances made by Lender to Borrower whether or not
<br />the edvences are made pursuant to a commitment. Specifically, without limitetion, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate 3400,000.00.
<br />Trustor presently assigns to Lender (also known as Beneflclary In thia 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 ASSIGIYMENT 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 />UNbER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWINQ TERMS:
<br />TRUSTOR'S REPRESENTATIOiVS AND WARRAIYTIES. Trustor werrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) Trustor has the fult power, right, and euthority 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, ot result in a default under any agreement or other instrument
<br />binding upon Trustor end do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />esteblished adequate means of obtaining from Bor�ower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (incfuding without Itmitetton the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of eny "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including e 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 ection, either judiciafly or by
<br />exercise of a power of sele.
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