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DEED OF TRUST <br />THIS DEED OF TRUST is dated March 25, 2002, among BRADLEY A ROBERTS and PAMELA K c <br />BALLARD- ROBERTS, whose address is 610 W 6TH ST, GRAND ISLAND, NE 68801 -4542 ( "Trustor" ); Five,. <br />Points Bank, whose address Is West Branch, 2009 N. Diets Ave., Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consattention, TrUetor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Truster's right, title, and interest in and to the fallowing described real properly, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all essemenls, 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 real propeM. including <br />without limitation all minerals, ail, gas, geothermal and similar matters. (the "Real Property") located in HALL County, Stale of <br />Nebraska: <br />Fractional Lot Seven (7), in Block Twelve (12) in Original Town, now City of Grand Island, and Fractional <br />Lot Seven (7), in Block Eighteen (18) in H.G. Clark's Addition to the City of Grand Island, Hall County, <br />Nebraska. <br />The Real Property or Its address is commonly known as 610 W 6TH ST, GRAND ISLAND, NE 68801 -4542. <br />Luster 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 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, 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 Trader's obligations under the Note, 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 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 Property. <br />Duty to Maintain. fusser shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance <br />necessary to preserve ils value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Truster'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 in 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 />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 Truster nor <br />any tenant, contractor, ag.Pl or other autimlized user at 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 arousal <br />federal, slate, and local laws, regulations and ordinances, including without limitation ell Environmental Laws. Trustor authorizes Lender and <br />< m <br />O <br />G <br />n <br />par <br />Y <br />h <br />D <br />m� <br />I <br />CP <br />ri <br />ry <br />t9 <br />WHEN RECORDED MAIL TO: <br />200203576 <br />Five Points Bank <br />West Branch <br />]009 N. Diets Ave. <br />G d let d NE 69.09 <br />FOR <br />RECORDER'S <br />USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 25, 2002, among BRADLEY A ROBERTS and PAMELA K c <br />BALLARD- ROBERTS, whose address is 610 W 6TH ST, GRAND ISLAND, NE 68801 -4542 ( "Trustor" ); Five,. <br />Points Bank, whose address Is West Branch, 2009 N. Diets Ave., Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consattention, TrUetor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Truster's right, title, and interest in and to the fallowing described real properly, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all essemenls, 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 real propeM. including <br />without limitation all minerals, ail, gas, geothermal and similar matters. (the "Real Property") located in HALL County, Stale of <br />Nebraska: <br />Fractional Lot Seven (7), in Block Twelve (12) in Original Town, now City of Grand Island, and Fractional <br />Lot Seven (7), in Block Eighteen (18) in H.G. Clark's Addition to the City of Grand Island, Hall County, <br />Nebraska. <br />The Real Property or Its address is commonly known as 610 W 6TH ST, GRAND ISLAND, NE 68801 -4542. <br />Luster 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 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, 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 Trader's obligations under the Note, 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 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 Property. <br />Duty to Maintain. fusser shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance <br />necessary to preserve ils value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Truster'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 in 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 />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 Truster nor <br />any tenant, contractor, ag.Pl or other autimlized user at 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 arousal <br />federal, slate, and local laws, regulations and ordinances, including without limitation ell Environmental Laws. Trustor authorizes Lender and <br />