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NE �68�@3 f� �'r�G.2 FOR RECORDER'S USE ONLY <br />F►vE PO�N1'S BAIUK - �J <br />�� <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 12, 2011, among DT HOMES LLC, whose address is 706 W OKLAHOMA <br />AVE, GRAND ISLAND, NE 68801-6753 ("Trustor"); Five Points Bank, whose address is West Branch, 2009 <br />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 AND GRANT. For valuable consideratlon, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, ell of Trustor's right, title, and interest in end to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvementa 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 ri hts, royalties, end profits relatln to the real <br />property, including without limftation all minerals, oil, ges, geothermal and similar matters, (t�e ° Real Property IOCete in HALL <br />County, State of Nebraska: <br />LOT EIGHT (8), BLOCK SIXTEEN (16), BAKER'S ADDITION, AND ITS COMPLEMENT, TO-WIT: <br />FRACTIONAL LOT EIGHT (8) IN FRACTIONAL BLOCK ONE (11, IN WOODBINE ADDITION, BOTH <br />� ADDITIONS TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 2112 W 1 ST ST, GRAND ISLAND, NE 68803. <br />Trustor presently assigns to Lender (also known es Beneficiary 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 eddition, 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 l6) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN ANO 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 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, or result in a default under any agreement or other instrument <br />binding upon Trustor end do not result in a violation of any law, reguletion, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis informetion 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 e claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or efter Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sele. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shell pay to Lender ell Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform ell their respective obligations under the Note, <br />this Deed of Trust, and the Releted Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />