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<br /> <br /> ;10 2 ~ "........,:) ga <br />N m ,~,:::) ('") <br /> ." t".:::..::::i) en <br />IS c: m (f) "- en> <5 -..4 C> [ <br />IS n Z n % ~.':'.),'~: c::> c:: :r", <br />en '" ::z: -, N <br />IS :J: ~ C -"",, ~ t' ':'J <br /> ,,'1 -1 --! rr, <br />CO rn ~ 4") ~~: -< C) <br />CO n en ,t C) ar <br />w "IIi % ..t; <.:~; 0 ..,., C) <br /> \ W <br />-...J -T'j ~r: <br /> 7j <- CD i <br /> C) .~L r'i' : <br /> rn C\ .. ::n ].'" D.' a <br /> r''''', i. <br /> e) f\ ::3 .:::0 <br /> (J) ,- )> ex> <br /> ~ ~ U) i <br /> c:::'iD ;;00;: ex> <br /> :to> W <br /> r'\:) ---- <br /> ...c en -...J ~ <br /> (n <br /> <br /> <br /> <br />WHEN RECORDED MAil TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 <br /> <br />! <br /> <br />rn <br />..... <br />:::i <br />~ <br />en <br />~ <br />- <br />("') <br />rn <br />en <br /> <br />DEED OF TRUST <br /> <br />FOR RECORDER'S USE ONLY ~. <br /> <br />C>' <br />'t <br /> <br />THIS DEED OF TRUST is dated September 18. 2006. among RICHARD R ALEXANDER and KAREEN C <br />ALEXANDER; Husband and Wife ("Trustor"); Five Points Bank. whose address is West Branch. 2009 N. Diers <br />Ave.. Grand Island. NE 68803 (referred to below sometimes. as "lender" and sometimes as "Beneficiary"); <br />and Five Points Bank. whose address is P.O Box 1507. Grand Island. NE 68802-1507 (referred to below as <br />"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 Nineteen (19). in Block Six (6). Unit Two. Continental Gardens. an Addition to the City of Grand Island. <br /> <br />Hall County. Nebraska. <br /> <br />The Real Property or its address is commonly known as 19 Chantilly St.. Grand Island. NE 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 (B) PERFORMANCE OF ANY AND All OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST 1$ 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 (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 />