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`r <br />WHEN RECORDED MAIL TO: 200301621 <br />Five Points Bank t <br />North Branch <br />2815 North Broadwell <br />Grand Islantl NE 68883 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />c <br />THIS DEED OF TRUST is dated February 7, 2003, among JAMES E ZAHM and WILMA M ZAHM; HUSBAND <br />AND WIFE ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, 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, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustees right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvement and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stack in utilities with ditch or irrigation right); 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 of <br />Nebraska: <br />WESTERLY TWENTY -SIX (26) FEET AND FOUR (4) INCHES OF LOT SEVEN (7), AND THE EASTERLY <br />TWENTY -SIX (26) FEET FOUR (4) INCHES OF LOT SIX (6), IN BLOCK THIRTEEN (13) IN ROLLINS <br />ADDITION, AND THE WESTERLY TWENTY -SIX (26) FEET AND FOUR (4) INCHES OF LOT SEVEN (7), <br />AND THE EASTERLY TWENTY -SIX (26) FEET FOUR (4) INCHES OF LOT SIX (6) IN BLOCK FOUR (4) IN <br />ARNOLD & ABBOTT'S ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BOTH <br />ADDITIONS IN CITY OF GRAND ISLAND, NEBRASKA <br />The Real Property or its address is commonly known as 1114 W 4TH ST, GRAND ISLAND, NE 68801 -4406. <br />Truster 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, Truster grant 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, Truster 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 Nate, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession and use of the Property shall be governed <br />by the fallowing provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Truster 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. Truster shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance <br />necessary to preserve it value. <br />Compliance With Environmental Laws. Truster 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) Truster 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 />\ <br />Z ~ <br />N <br />M <br />o <br />mil_ <br />mS� <br />IND <br />=1 <br />u <br />~ <br />N <br />O <br />WHEN RECORDED MAIL TO: 200301621 <br />Five Points Bank t <br />North Branch <br />2815 North Broadwell <br />Grand Islantl NE 68883 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />c <br />THIS DEED OF TRUST is dated February 7, 2003, among JAMES E ZAHM and WILMA M ZAHM; HUSBAND <br />AND WIFE ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, 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, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustees right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvement and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stack in utilities with ditch or irrigation right); 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 of <br />Nebraska: <br />WESTERLY TWENTY -SIX (26) FEET AND FOUR (4) INCHES OF LOT SEVEN (7), AND THE EASTERLY <br />TWENTY -SIX (26) FEET FOUR (4) INCHES OF LOT SIX (6), IN BLOCK THIRTEEN (13) IN ROLLINS <br />ADDITION, AND THE WESTERLY TWENTY -SIX (26) FEET AND FOUR (4) INCHES OF LOT SEVEN (7), <br />AND THE EASTERLY TWENTY -SIX (26) FEET FOUR (4) INCHES OF LOT SIX (6) IN BLOCK FOUR (4) IN <br />ARNOLD & ABBOTT'S ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BOTH <br />ADDITIONS IN CITY OF GRAND ISLAND, NEBRASKA <br />The Real Property or its address is commonly known as 1114 W 4TH ST, GRAND ISLAND, NE 68801 -4406. <br />Truster 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, Truster grant 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, Truster 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 Nate, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession and use of the Property shall be governed <br />by the fallowing provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Truster 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. Truster shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance <br />necessary to preserve it value. <br />Compliance With Environmental Laws. Truster 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) Truster 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 />