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a <br />v <br />M <br />H <br />r <br />M <br />_G <br />n <br />N <br />WHEN RECORDED MAIL TO <br />Five Points Bank <br />West Branch /6Q <br />2008 N. Diets Ave. <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 7, 2002, among JOAN MELNICK and SARAH MELNICK; husband <br />and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Die" Ave., Grand Island, <br />NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points <br />Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below ax "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, fights 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 relatin to lhereal property,includmg <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the Real Property ") located in HALL County, State of <br />Nebraska: <br />Lots Eight (8) and Nine (9), Pine View Subdivision, Hall County, Nebraska. <br />The Real Roperty or its address Is commonly known as 225 BUFFALO RD, DONIPHAN, NE 65832. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustore 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 Dead of Trust, Truslor 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 />antl the Related Decuments. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster 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, 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 Properly. <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. Truslor 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 en, 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, of 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 />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any <br />Hazardous Substance on. under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable <br />federal, state, and local laws. regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and <br />its agents to enter upon the Property to make such inspections and lest, at Trustor's expense, as Lender may room appropriate to <br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lenders <br />N <br />n <br />n <br />m <br />Z <br />n <br />n <br />M <br />V! <br />r <br />N <br />� <br />s <br />N <br />r - <br />� <br />�' <br />ca <br />s <br />Vl n> <br />O <br />co C <br />N <br />C <br />WHEN RECORDED MAIL TO <br />Five Points Bank <br />West Branch /6Q <br />2008 N. Diets Ave. <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 7, 2002, among JOAN MELNICK and SARAH MELNICK; husband <br />and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Die" Ave., Grand Island, <br />NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points <br />Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below ax "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, fights 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 relatin to lhereal property,includmg <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the Real Property ") located in HALL County, State of <br />Nebraska: <br />Lots Eight (8) and Nine (9), Pine View Subdivision, Hall County, Nebraska. <br />The Real Roperty or its address Is commonly known as 225 BUFFALO RD, DONIPHAN, NE 65832. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustore 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 Dead of Trust, Truslor 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 />antl the Related Decuments. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster 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, 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 Properly. <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. Truslor 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 en, 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, of 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 />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any <br />Hazardous Substance on. under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable <br />federal, state, and local laws. regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and <br />its agents to enter upon the Property to make such inspections and lest, at Trustor's expense, as Lender may room appropriate to <br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lenders <br />