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<br /> <br /> ;a i~ f"'-> fTl <br /> m e:::-.>', 0 UJ <br /> "'11':', "~ C> --i O::S <br /> c: n:r c: l> r'\.)fit <br /> Z :::::l ::z --j <br />~ 0 "'~ c= -< f'Tl o[ <br /> G":l <br />~~ -< 0 <br />en ........ 0 .., 0 Gi" <br />::I: -C .., en <br /> 7'+ ,.,,',~ <br /> Cl :t: f'n i <br /> m "':0 =n ~ cn 0 <br /> 0 i"T1 ~ ::3 r ;;r,) <br /> 0 r J-... -..J <br /> (fl ........ en <br /> ~ l--'" ^ ........ i <br /> ;po. CD <br /> r-v .................. <br /> -..J (j) ...I: <br /> (n ~ <br /> <br /> <br />I'V <br />S <br />S <br />en <br />S <br />-...J <br />...... <br /><0 <br />.j::>. <br /> <br />k1Ji E/pto:.- k' ~ <br />WHEi\lftECORDEOKl\NJll TO: <br />Fiva Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Gnmd Island. NE 68803 <br /> <br />200607194 <br /> <br />FOR RECORDER'S USE ONI. Y <br /> <br />DEED OF TRUST <br /> <br />7'0. b-C <br /> <br />THIS DEED OF TRUST is dated August 7, 2006, among JERRY R WATSON and MICHEllE A WATSON; <br /> <br />Husband and Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br /> <br />Island, NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points <br /> <br />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 /> <br />County, State of Nebraska: <br /> <br />lot Eleven (11), Virden Subdivision to the City of Grand Island, Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 2511 W 4TH ST, GRAND ISLAND, NE 68803-4208. <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 IA) PAYMENT OF THE INDEBTEDNESS AND IB) 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 /> <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 Docu,...,ents. <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 Usa. 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 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 />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 />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property <br />