`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 />
|