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<br /> <br /> ~ () <br /> m > .,'-......:a ~I <br /> "'" ~ ~;:::...., 0 Ul <br /> c:: (/) <.--:::::> <br /> Z ::c "'- .~ 0 4 <br />N ~, C :t>- <br />IS C C;..,. :z: --1 <br />IS ~ ::P~' C1:: -j fT1 <br /> ["1"1 ~)' .. <br />(J) C") .- -< 0 <=la;- <br />G (:) l~~, rv 0 -,.., <br />(J) -...J -,.., <br />(J) -'1 :~ en <br />C1I Cl t rn 5' <br />0':) m ::n ):> CD c::> ~ <br /> ~ rrl ::3 r ;n <br /> 0 r ):> en <br /> <::) (Jl l-' (fJ 3 <br /> l-' :::-; en <br /> ):> CJl ('D <br /> C) --- "-" ::J <br /> r-t' <br /> ...... <n co ~ <br /> <n <br /> <br /> <br /> <br />L'..;. Onv-: Kai)~, <br />WHEN RECORDED MAIL To~7 <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 <br /> <br />#;>..,t>-o <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated July 20.2006. among DONNA J HANQUIST and RODNEY D HANQUIST; Wife <br /> <br />and Husband ("Trustor"); Five Points Bank. whose address is West Branch. 2009 N. Diers Ave.. Grand Island. <br /> <br />NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank. <br /> <br />whose address is P.O Box 1507. Grand Island. NE 68802-1507 (referred to below as "Trustee"). <br /> <br />CONVEY ANCE 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, incluJing without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br /> <br />County, State of Nebraska: <br /> <br />The easterly one-half (1/2) of Lot three (3), in Block thirteen (13), in Russell Wheeler's Addition to the City <br /> <br />of Grand Island, Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 111 E 10TH ST, GRAND ISLAND, NE 68801. <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 (B) PERFORMANCE OF ANY AND ALL OBLlGA nONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TE:RMS: <br /> <br />PA YMENT ^ND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay (0 Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform ali ull rustor's obligations under [he 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 (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 /> <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 trom 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 />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />