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s <br />i <br />rn <br />n <br />WHEN RECORDED MAIL TO: <br />;10 <br />rn <br />D Z <br />CA N <br />Z <br />ci <br />m <br />p <br />C' <br />co <br />Q (� <br />CA <br />rn <br />0 <br />-73 <br />C) <br />cn <br />N <br />co <br />C-) C, <br />C) --r <br />ca <br />--q <br />-+ m <br />-< o <br />1� T <br />z M <br />I a� <br />r <br />a <br />Cn <br />0 <br />N <br />CZ) <br />CZ) <br />F—A <br />C) <br />CD <br />CL7 <br />Cn <br />Five Points Bank 6200100957 <br />South Branch <br />3111 W. Stoiley Pk. Rd. <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY (� <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 7, 2001, among CHARLES TODD MILTON and SANDRA U MILTON, <br />HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. <br />Rd., Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, 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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, §tate o <br />Nebraska: <br />A tract of land comprising a part of the Northeast Quarter (NE1 /4) of Section Three (3), Township Twelve <br />(12) North, Range Eleven (11) West of the 6th P.M., Hall County, Nebraska and more particularly <br />described as follows: Beginning at the Northeast corner of said Section, thence S 0 *11'05" E along the <br />East line of said Section a distance of 1942.19 feet; thence N 88 *26'35" W a distance of 1781.00 feet: <br />thence N 00 *0337" W a distance of 1904.32 feet to the North line of said Section: thence S 89 *43'28" E <br />along the North line of said Section a distance of 99.05 feet to the Southeast corner of Section 35 of <br />Howard County: thence S 89 *38'34" E along the North line of said Section a distance of 1676.50 feet to <br />the Northeast corner of said Section also being the Point of Beginning. <br />The Real Property or its address is commonly known as 10249 W LOUP RIVER RD, DANNEBROG, NE <br />68831. The Real Property tax identification number is 400190036. <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 all present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed <br />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; (2) <br />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, replacements, and maintenance <br />necessary to preserve its value. <br />f7a. <br />� I <br />s� <br />I <br />W <br />a <br />