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<br /> ;ID <br /> m ~I <br /> '"" .......... <br /> C g (") (f> <br /> n z ~$ ~ 0 -i <br />I\.) E 0 c:: :P- <br />S :c ~ :n z -i <br />m -0 -l rn <br />S n :::c -< ~Gr <br />en '" :c (,-, 0 <br />s 0 N 0 "'T) <br />w 0' "'TI 0 " -'J~ I <br /><.n ~ a> <br />s 0 0 :I: 1""1 <br />-->. ,...., t ::0 :t> OJ 0 <br /> m 3 r- :u <br /> 0 r :t> c...> <br /> (f) I-' (f) <br /> 0 ;;;><; en <br /> :P- O <br /> c..:> ---- -- <br /> co (I) .- ~ <br /> <n <br /> <br /> <br /> <br /> <br />Ref Ellv J'Ulie. <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island. NE 68803 <br /> <br />lIo.fa <br />FOR RECORDER'S USE ONLY <br /> <br />,~.. <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated April 18, 2006, among RICHARD LONOWSKI, TRUSTEE OF THE RICHARD <br />LONOWSKI FAMilY TRUST ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., <br />Grand Island, NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br /> <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 /> <br />lot Seven (7), Bishop Heights Third Subdivision, Grand Island, Hall County, Nebraska <br /> <br />The Real Property or its address is commonly known as 4328 MANCHESTER RD, GRAND ISLAND, NE <br />68803. <br /> <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 /> <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 (Bl PERFORMANCE OF ANY AND All OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST 15 GIVEN AND ACCEPTED ON THE <br />FOllOWING TERMS: <br /> <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of lender; (b) Trustor has the full power. right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br /> <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br /> <br />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust. Borrower and Trustor shall pay to lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective <br />obligations under the Nota, this Deed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisions: <br /> <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) usa, operate or manage the Property; and (3) collect the Rents from the Property. <br /> <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 />