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� <br />� <br />� <br />� <br />— <br />0 � <br />� �� <br />N �� <br />W � <br />W <br />� <br />� <br />� <br />� <br />� <br />.� <br />� - �� <br />� ��' ., �' � � <br />� <br />� <br />C <br />� � <br />� � '� <br />a �, � �,, e <br />��� a�� <br />� <br />��, � <br />� <br />� <br />(b a <br />i' i <br />, 1 :;^:, <br />a`-4 , <br />r -� <br />r_� <br />.--r <br />= v <br />D �' <br />r �_ <br />r a � <br />a'�� �e � <br />� �>.'�. �---� <br />r*, r <br />c_> <br />��� � <br />�i � <br />:� <br />�, �, �"� <br />-•, r.J <br />,� <br />r� �� <br />'' c.n <br />o - <br />� <br />C� C!� <br />O —1 <br />C D <br />z m <br />--1 <br />� O <br />o � <br />T' z <br />i rn <br />D � <br />r � <br />r n <br />�J7 <br />� <br />v <br />cn <br />cn <br />WHEN RECORDED MAIL TO: <br />FIVE POINTS BANK OF HASTINGS <br />MAIN BANK <br />2815 OSBORNE DRIVE WEST <br />__ HASTINGS, NE 68901 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />��� <br />THIS DEED OF TRUST is dated May 25, 2012, among MATTHEW D MASER, whose address is <br />1504 STAGECOACH RD, GRAND ISLAND, NE 68801 and KRISTEN L MASER, whose address <br />is 1504 STAGECOACH RD, GRAND ISLAND, NE 68801; HUSBAND AND WIFE ("Trustor"); <br />FIVE POINTS BANK OF HASTINGS , whose address is MAIN BANK, 2815 OSBORNE DRIVE <br />WEST, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Five Points Bank of Hastings, whose address is 2815 Osborne Drive West, <br />Hastings, NE 68901 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, alt of Trustor's right, title, and interest in and to the following described real <br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; ell <br />easements, rights of way, and appurtenances; all weter, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br />County, State of Nebraska: <br />Lots Two (2) and Three (3) in Morningside Acres Fourth Subdivision in the City of Grand <br />Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 1504 STAGECOACH RD, GRAND <br />ISLAND, NE 68801. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuent to a commitment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, ell future amounts Lender in its discretion may loan to <br />Trustor, together with all interest thereon. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and <br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDIIVG THE ASSIGNMEIVT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON <br />THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AIVD MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />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 <br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so <br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, <br />treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental <br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as <br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event <br />Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and <br />hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of <br />Trust. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction <br />of this Deed of Trust. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums <br />secured by this Deed of Trust upon the sele or transfer, without Lender's prior written consent, of all or any part of the <br />Real Property, or any interest in the Real Property. A"sale or transfer" means the conveyance of Real Property or any <br />right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; <br />whether by outright sale, deed, installment sale contrect, land contract, contrect for deed, leasehold interest with a <br />term greater than three (3) years, lease-option contrect, or by sale, essignment, or transfer of any beneficiel interest in <br />� <br />Al� <br />ii <br />� <br />� <br />� <br />I � <br />N <br />O <br />t� <br />N <br />� <br />� <br />w <br />� <br />W <br />