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WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch 200104366 <br />\ <br />�© <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 May 7, 2001, among ROY C BYE and SUSAN D BYE; HUSBAND AND WIFE <br />( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose <br />address is P.0 Box 1507, Grand Island, NE 68802 -1507 (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, 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, Mate o <br />Nebraska: <br />LOT NINE (9), BLOCK ONE (1), IN JACK VOSS SECOND SUBDIVISION, BEING A PART OF THE <br />SOUTHWEST QUARTER (SW1 /4) OF SECTION TWO (2) IN TOWNSHIP ELEVEN (11) NORTH, RANGE TEN <br />(10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA. -AND- LOT TWO (2), IN BLOCK ONE (1), IN <br />CAPITAL HEIGHTS SECOND SUBDIVISION BEING A PART OF THE SOUTHEAST QUARTER OF THE <br />SOUTHWEST QUARTER (SE1 /4 SW1 /4) OF SECTION TWO (2), TOWNSHIP ELEVEN (11) NORTH, RANGE <br />TEN (10) WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 4307 MICHIGAN AVE AND 4258 NEW YORK AVE, <br />GRAND ISLAND, NE 68803. The Real Property tax identification number is 400164868 & 400152967. <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 />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 />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />M' <br />~ <br />o <br />�.. <br />N <br />c n <br />fv <br />m <br />O <br />O <br />� <br />N <br />G7 <br />O <br />trq.. <br />a <br />r <br />rn <br />M <br />Z 7 <br />D <br />CD <br />D <br />CD <br />-� <br />cn <br />¢� <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch 200104366 <br />\ <br />�© <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 May 7, 2001, among ROY C BYE and SUSAN D BYE; HUSBAND AND WIFE <br />( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose <br />address is P.0 Box 1507, Grand Island, NE 68802 -1507 (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, 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, Mate o <br />Nebraska: <br />LOT NINE (9), BLOCK ONE (1), IN JACK VOSS SECOND SUBDIVISION, BEING A PART OF THE <br />SOUTHWEST QUARTER (SW1 /4) OF SECTION TWO (2) IN TOWNSHIP ELEVEN (11) NORTH, RANGE TEN <br />(10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA. -AND- LOT TWO (2), IN BLOCK ONE (1), IN <br />CAPITAL HEIGHTS SECOND SUBDIVISION BEING A PART OF THE SOUTHEAST QUARTER OF THE <br />SOUTHWEST QUARTER (SE1 /4 SW1 /4) OF SECTION TWO (2), TOWNSHIP ELEVEN (11) NORTH, RANGE <br />TEN (10) WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 4307 MICHIGAN AVE AND 4258 NEW YORK AVE, <br />GRAND ISLAND, NE 68803. The Real Property tax identification number is 400164868 & 400152967. <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 />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 />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />