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Diers Ave. <br />Grend Island, NE 68803 FOR RECORDER'S USE ONLY <br />�r� P���� �,an�� d�5� <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 5, 2011, among KAY M STRONG PRATHER, F/I(/A KAY M STRONG, A <br />MARRIED WOMAN and CARL E PRATHER, HER HUSBAND ("Trustor"); Five Points Bank, whose address is <br />West Branch, 2009 N. Dier� 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 />CONVEYANCE AND GRAIUT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneflciary, 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 minerais, oil, gas, geothermal and similar matters, (the ° Re81 Pt'Operty located in HALL <br />County, State of Nebraska: <br />Lot Twenty-eight (28), Eaglewood Acres Subdivision in Hall County, Nebraska. <br />The Real Property or its address is commonly known as 656 SWAN LN, GRAND ISLAND, IVE 68801-8629. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make edvances to Borrower so long as Borrower complies with all the terms of the Credit Agreemerrt. Such advances <br />may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not <br />Including flnance cherges on such balance at a fiued or variable rate or sum as provided in the Credit Agreemerrt, any temporary overages, <br />other charges, and any amouM�s expended or advanced as provided In this paregraph, shall not exceed the Credit Limit as provided In the <br />Credtt Agreemerrt. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit <br />Agreemerrt from time to time from zero up to the Credit LimFe es provided in 4h� Credit Agreeess�n4 and �ny irrtermediate balance: <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, end interest in end 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 (B) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <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 compietion 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 Credit <br />Agreement, 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 />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />