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<br />Five Points Bank
<br />Bran
<br />West Branch
<br />2009 N.Diers Ave. (� n
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLX \ 1 ` \
<br />DEED OF TRUST c�
<br />THIS DEED OF TRUST is dated July 23, 2001, among DAVID C POWERS and ROSEMARY POWERS,
<br />Husband and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand
<br />Island, NE 68803 ( referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five
<br />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, to and under the Lease described below of the following described real property,
<br />together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and
<br />appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and
<br />profits relating to the real property, including without limitation any rights Trustor later acquires in the fee simple title to the land, subject to the
<br />Lease, and all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, State of
<br />Nebraska:
<br />Lot Twenty -One (21) Situated on the West Side of the West Portion of Kuester Lake and being on a part
<br />of the East Half of the Southwest Quarter (E1 /2SW1 /4) of Section Thirteen (13), Township Eleven (11)
<br />North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 11 Kuester Lake, Grand Island, NE 68801.
<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) remiiin in possession and control of the Property; (2)
<br />use, operafe 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 leasehold
<br />interest in the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that
<br />there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental
<br />Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on,
<br />under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of
<br />any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a)
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