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101 <br />M <br />T <br />C <br />Z <br />X D <br />7C = <br />z D <br />M CA <br />� 2 <br />rn <br />o <br />T' r <br />M �J <br />rn � <br />0 <br />CD <br />_a <br />Z3 <br />N <br />C3 <br />U'1 <br />n Cn <br />C) --q <br />c n <br />z —+ <br />M <br />C3 <br />O -T1 <br />rn z <br />D CZ) <br />r � <br />r n <br />cn <br />D <br />me <br />0 <br />N <br />O <br />0 <br />w <br />1—� <br />Cam? <br />s <br />C77 <br />I ' ' Cn Cn <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />"Your Hometown Bank" <br />2015 N. Broadwell <br />P.O. Box 1507 <br />Grand Island, NE 68802 -1507 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated October 8, 2003, among HAROLD D LAUTENSCHLAGER and RUTH M <br />LAUTENSCHLAGER; HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is "Your Hometown <br />Bank ", 2015 N. Broadwell, P.O. Box 1507, Grand Island, NE 68802 -1507 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose address is P.O Box 1507, Grand <br />Island, NE 68802 -1507 (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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and 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 THREE (3), BLOCK THREE (3), SUMMERFIELD ESTATES FIRST SUBDIVISION, TO THE CITY OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 3936 MEADOW WAY TRAIL, GRAND ISLAND, NE. <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 <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor 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 (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 <br />this 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 <br />Deed of 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, Trustor may (1) remain in possession and control of the Property; <br />(2) 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 <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership <br />of the Property, there has been 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 Property; (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, (a) 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 on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />Q- <br />cn- <br />2 <br />3 <br />CD <br />e-+ <br />on <br />