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Diers Ave. <br />�rartd Island, NE 688Q3 FOR RECORDER'S USE ONLY � <br />F►VE P011VTS BANK y G d� <br />DEED OF TRUST <br />MAXIMUM LIEIV. The lien of this Deed of Trust shall not exceed at any one time 550,000.00. <br />THIS DEED OF TRUST is dated June 17. 2071, among DT HOMES LLC, whose address is 706 W OKLAHOMA <br />AVE, GRAND ISLAND, NE 68801-6753 ("Trustor"?; Five Points Bank, whose �ddress 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 consideration, Trustor conveys to Trustee in trust, W(TH POWER OF SALE, for the beneftt of <br />Lender as Beneficiary, al! ot 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 fi�cturea; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utifities with ditch or irrigation rights►; and all other rights, royalties, and profits relating to the real <br />properry including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br />County, State of Nebraska: <br />Fractional Lot Three (3), in Fractional Block One Hudnred Sixteen ( 716), Railroad Addition, and its <br />complement, Fractional Lot Three (3), in Fractional Block One Hundred Sixteen (1161, Koenig and Wiebe's <br />Addition, both being Additions to the City of Grand Island, Nebraska. <br />The Real Property or its �ddress is commonly known as 815 W. 1 ST ST., GRAND ISLAND, NE 68801. The <br />Real Property ta�c identification number is 400081741. <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 atl <br />present and future leases of the Property and aii Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personai Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AWD THE SECURITY INTEREST !N THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEIV TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. 7HIS 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 conffict with, or resuft in a defauit under any egreement 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 finencial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />THUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />lew 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 cleim 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 PERFORMAIIICE. Except as otharwisa provided in ihis 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 shali perForm all their respective obligations under the Note, <br />