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f1 <br />rn <br />['1 <br />Ret. Env. Ta,; <br />70 <br />M <br />T <br />C <br />Z <br />N to <br />C) <br />rn <br />n <br />D <br />CA <br />ru <br />M :::0 <br />n <br />M O <br />o _3 <br />V) <br />N <br />1 <br />c-) co <br />C> -4 <br />C D <br />Z -+ <br />M <br />O <br />C> _n <br />-', :z <br />s r71 <br />>s rn <br />r � <br />r n <br />U) <br />D <br />(n <br />O, m <br />N <br />O <br />O <br />s <br />O <br />N <br />U1 <br />CD <br />g <br />WHEN RECORDED MAIL TO: 20 0 4 0 3 2 51 <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Broadwell <br />P.O. Box 1507 <br />Grand Island, NE 68802 -1507 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 22, 2004, among NORMA J GAUTHIER, a Married Person, and <br />ANTHONY J GAUTHIER, her Husband ( "Trustor "); Five Points Bank, whose address is "Your Hometown <br />Bank ", 2015 N. Broadwell, P.O. Box 1507, Grand Island, NE 68802 -1507 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose address is P.O Box 1507, Grand <br />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, includingg <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State Of <br />Nebraska: <br />Fractional Lot Six (6) in Fractional Block Seven (7) in Woodbine Addition and its complement, to -wit: <br />Fractional Lot Six (6), in Fractional Block Seventeen (17), in Morrill's Addition, both being additions to <br />the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 2124 W KOENIG ST, GRAND ISLAND, NE 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 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 />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or <br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any <br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor <br />