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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />West Branch 2002 O O
<br />2009 N. Diers Ave.
<br />Grand l l tl NE 88803 FOR RECORDER'S USE ONLY
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<br />PA
<br />DEED OF TRUST �j
<br />THIS DEED OF TRUST is dated April 1, 2002, among KEVIN T VOLLMER and SUSAN C VOLLMER; HUSBAND
<br />AND WIFE ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE
<br />68803 (referred to below sometimes as "Lander' and sometimes as "Beneficiary "): and Five Points Bank.
<br />whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as "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 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 mid fixtures; all easements, riynd of way, and appurtenances; all water, water
<br />rights and ditch rights (incled'my stock In utilities with ditch or irrigation rights); end all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL
<br />County, State of Nebraska:
<br />LOT TWO (2) BARBARA SUBDIVISION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 321 -323 W. 7TH ST, GRAND ISLAND, NE 68801.
<br />reactor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Turner grants to Lender a Uniform Commercial
<br />Code security 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 IS) 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 it) this Dead of Trust, Truster shall pay to Lander all amounts secured by
<br />this Deed of Trust as they became due, and shall strictly and in a timely manner perform all of Theater's obligations under the Note, this
<br />Dead pl Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by 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;
<br />(2) use, operate or manage the Property; and 131 collect the Rents from the Property.
<br />Duty to Maintain. Theater shall maintain the Property In Food condition and promptly perform all repairs, replacements, and
<br />mcraenanr. neLBasery to preserve ifs vallld.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender the(: (1) During the period of Truster's ownership
<br />of the Property, there has boon no use, generation, manufacture., storage, treatment disposal, release or threatened release of any
<br />Hazardous Substance by any person on under, about or from the Pmperty; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been except as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance o under, about or from the Property by any prior owners or occupants of the Property, or to) any actuaor
<br />threatened litigation or claims of any kind by any person relating to such matters; an (3) Except as previously disclosed to and
<br />acknowledged by Lender In writing, hd norther Trustor nor any tenant, contracts', agent or other authorized user of the Property
<br />shall use, generate, anacture, store, treat. dispose of or release any Hazardous
<br />muf Substance on, under, about or from the Property:
<br />and It) any such activity shall he conducted In compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trusmr authorizes Lander and Its agents to enter upon the Property
<br />to make such inspections and tests, at Truster's expense, as Lender may deem appropriate to determine compliance of the Property
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