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I <br />k <br />WHEN RECORDED MAIL ?O: <br />Five Points Bank <br />South Branch <br />3111 W. Stalky Pk. Rd.. <br />Grand Island, NE 6118o1 <br />DEED OF TRUST <br />3f <br />rn <br />h <br />f*r <br />�� rn <br />Z iT O Q. <br />fV _ <br />s C> "n O <br />1y rrr <br />O <br />3 rte` z* a> <br />co z. CY1 <br />CD <br />o. <br />Cis ca <br />FOR RE DEB'S LnONLY <br />THIS DEED OF TRUST Is dated April 4, 2001, among LYMAN E SIGLER and MARGARET M SIGLER; <br />Husband and Wife ( "Trustor "); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., <br />Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Five Points Bank, whose address is P.O Box 1607, _Grand island, NE 68802 -1507 (referred to below as <br />"Trustee. l. <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, trtie, and Interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and Postures; 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 rlghis, 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 <br />County, State of Nebraska: <br />The Southerly 35.3' of Lot Two Hundred Twenty Four (224) and all of Lot TWO Hundred Twenty Five (225) <br />in Belmont Addition, to the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 520 N CUSTER AVE, GRAND ISLAND, NE <br />68803 -4306. <br />'Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, fitie, 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 IND®TEDNESS 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, Trustor shall pay to Lender all amounts secured by this <br />' Deed of Trust as they become due, and shall strictly and in a fimely manner perform all of Trustoes 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 the Property shall be governed <br />by 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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period ofTrustoes 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) 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, (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 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 />