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<br /> <br />,~ <br /> <br />:;n. f~' <br />rn <br /><;'? <br />o c_ <br />""Y1 <br /> <br /> <br />i'I <br /> <br />~ <br />o <br />:! <br /> <br />Q <br />rn <br />(") <br />.7'; <br /> <br />1 <br /> <br />I <br /> <br />.;G <br />~ <br />w <br />z <br />o <br />~l <br /> <br /> <br />I'\.) <br />is! <br />iSl <br />CJ') <br />is! <br />+:>0 <br />CD <br />CD <br />CD <br /> <br />nn <br />x> <br />m(/') <br />~:t: <br /> <br />Cl <br />f"Tl <br />rr1 <br />Cl <br />(f) <br /> <br /> <br />.~ <br /> <br />,tQ t [,1/1I' (a f1kA <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 <br /> <br />200604999 <br /> <br />DEED OF TRUST <br /> <br />r <br /> <br />......,. <br />"""~ pt:J? <=> I <br />CI::> <br />.c;:n.. 9 -l <br /> c::: :t>- T"V <br />-:.- ~ --l <br />c::: -; m c:::> <br />Z ---< 0 <br /> C) <br /> 0 -., it <br />U1 ...., z en <br /> ::c rTl <br />:n :P- (0 c:> <br />:::3 .. ;.D ....r: <br />.. > <br />I-" (J) CD <br />0 :;::a:; <br /> > CD <br />-C .................... <br />0 (j) CD <br /> (J) Z <br /> O. <br /> <br />?'i.5o <br />FOR RECORDER'S USE ONLY <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $10,136.00. <br /> <br />THIS DEED OF TRUST is dated May 26, 2006, among THOMAS LEE BRAY; A SINGLE PERSON ("Trustor"); <br /> <br />Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to <br /> <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br /> <br />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 es 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 /> <br />County, State of Nebraska: <br /> <br />Lot Eight (8), Block Ninety One (91), Wheeler & Bennett's Fourth Addition of Grand Island, Hall County, <br /> <br />Nebraska. <br /> <br />The Real Property or its address is commonly known as 312 E 16TH ST, GRAND ISLAND, NE 68801-2528. <br /> <br />The Real Property tax identification number is 400138387. <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 (BI PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATF.D DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br /> <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 /> <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 /> <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 (31 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 /> <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, (al neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />