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M <br />R7 3 (1 <br />ri f7 C r U f V O —i O r" s" I <br />.G. t (° 3 <br />L- s -� it C_ z�-r N <br />r) -o \ z M o <br />m CD <br />o O -n Z t V <br />r x O W <br />� CA M o � r n .-a <br />--e <br />N "' n Cl) rn <br />y O 1' .� .� -= co <br />V <br />y 00 (n o. <br />4 99 N <br />D <br />WHEN RECORDED MAIL TO: <br />FIVE POINTS BANK OF HASTINGS <br />322 N ST JOSEPH <br />HASTINGS, NE 68901 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />s� <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $20,541.99. <br />THIS DEED OF TRUST is dated December 10, 2001, among GORDON M. JOHN and LINDA J JOHN, husband <br />and wife, each in His or Her own Right, as joint tenants and not as tenants in common ( "Trustor "); FIVE <br />POINTS BANK OF HASTINGS, whose address is 322 N ST JOSEPH, HASTINGS, NE 68901 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank of Hastings, whose <br />address is P.O Box 55, Hastings, NE 68902 -0055 (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 realproperty, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, State of <br />Nebraska: <br />Lot seven, Indianhead Subdivision in the city of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 4118 BUCKINGHAM DRIVE, GRAND ISLAND, NE <br />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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 theProperty shall be governed by <br />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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust <br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make <br />such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless Lender against any and all claims and losses <br />resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness <br />and the satisfaction of this Deed of Trust. <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br />all <br />