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f1� <br />cfl <br />CD <br />O <br />6D <br />O C=" <br />F--� CC <br />O <br />N <br />O <br />O <br />�f �Y ✓ ^./(4 r "Ay <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 26, 2001, among ROBERT C. CHISHOLM and CAROL A. <br />CHISHOLM; HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. <br />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.0 Box 1507, Grand Island, NE 68802 -1507 <br />(referred to below as "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, titre, 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, gtate o <br />Nebraska: <br />PART OF LOTS NINE (9) AND TEN (10), BLOCK ELEVEN (11), PARKHILL 3RD SUBDIVISION BEGINNING <br />AT A POINT 7.08 FEET WEST OF THE NORTHEAST CORNER OF LOT 9 WESTERLY ALONG AND UPON <br />THE NORTHERLY LINE OF LOTS 9 AND 10 TO A POINT 21 FEET WEST OF THE NORTHEAST CORNER <br />OF SAID LOT TEN (10) SOUTHERLY TO A POINT 21 FEET WEST OF THE SOUTHEAST CORNER OF LOT. <br />THEN EASTERLY ALONG AND UPON THE SOUTHERLY LINE OF SAID LOTS 9 AND 10 TO A POINT 6.68 <br />FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 9 AND THEN NORTHERLY TO A POINT OF <br />BEGINNING, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 2507 W. PHOENIX AVENUE, GRAND ISLAND, NE <br />68803. <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 tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />°a <br />Aj <br />D <br />M <br />Z <br />T <br />1 <br />1 <br />O <br />= <br />D <br />Z <br />p <br />CD <br />C -4 <br />M <br />m <br />rn <br />c3� <br />O <br />(. <br />rn <br />M � <br />a <br />M <br />a <br />r n <br />U) <br />ca <br />O <br />N <br />f1� <br />cfl <br />CD <br />O <br />6D <br />O C=" <br />F--� CC <br />O <br />N <br />O <br />O <br />�f �Y ✓ ^./(4 r "Ay <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 26, 2001, among ROBERT C. CHISHOLM and CAROL A. <br />CHISHOLM; HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. <br />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.0 Box 1507, Grand Island, NE 68802 -1507 <br />(referred to below as "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, titre, 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, gtate o <br />Nebraska: <br />PART OF LOTS NINE (9) AND TEN (10), BLOCK ELEVEN (11), PARKHILL 3RD SUBDIVISION BEGINNING <br />AT A POINT 7.08 FEET WEST OF THE NORTHEAST CORNER OF LOT 9 WESTERLY ALONG AND UPON <br />THE NORTHERLY LINE OF LOTS 9 AND 10 TO A POINT 21 FEET WEST OF THE NORTHEAST CORNER <br />OF SAID LOT TEN (10) SOUTHERLY TO A POINT 21 FEET WEST OF THE SOUTHEAST CORNER OF LOT. <br />THEN EASTERLY ALONG AND UPON THE SOUTHERLY LINE OF SAID LOTS 9 AND 10 TO A POINT 6.68 <br />FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 9 AND THEN NORTHERLY TO A POINT OF <br />BEGINNING, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 2507 W. PHOENIX AVENUE, GRAND ISLAND, NE <br />68803. <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 tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />°a <br />