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<br /> <br /> <br /> 11Q f~""",> ~ <br /> n ~ ~ :",~ .':'," (") <br /> m . ,;: :.'::. ~~,t (J) as' <br /> C! ",;, cr.. C> --< <br /> m ","',," c;:> c:: J::~ N8. <br />I'V Z n :c ~.y\. ~7? z ---1 <br />n jjJIlC ~ -,1 rT! <br />S ~ C l ~. <br />:z:: ~-) t"r...,,-. -< ~G: <br />1SI m ~ >, c.) <br />m 0 -I" C, "TJ <br />1SI n """'1 Cl) -"1 <br />~ :J: ("i,_ - <br />00 l,J -. CD::J <br />c.o "'''' ~- , ,..L (""1'1 CJg <br />-..J rr: -0 ):.,. [J,J <br />-..J 0'\ C7' ~ ::3 r- .:;1] <br /> r- 1;..- <br /> () U) r":. ~i <br /> \I I--' U) <br /> c.." N ;::" <br /> l.. <br /> ..1:: --- --- <br /> Q) en -.JZ <br /> (/) 0 <br /> <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 />:Ia <br />C <br />;5 <br />;i <br />C') <br />"' <br />~ <br />=i <br />r- <br />"' <br />en <br />"' <br />::a <br />:5 <br />("") <br />1"1'1 <br />en <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />~o. <br /> <br />so <br /> <br />THIS DEED OF TRUST is dated October 4, 2006, among JAMI E CORNELIUS. a Single Woman and RICHARD <br /> <br />L CORNELIUS and KATHY J CORNELIUS. Husband and Wife ("Trustor"); Five Points Bank. whose address is <br /> <br />West Branch. 2009 N. Diers Ave.. Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br /> <br />sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507. Grand Island, NE <br /> <br />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 One (1). D & V Subdivision, in the City of Grand Island. Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 917 W 16th 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 (AI 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 IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br /> <br />PA YMENT 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 />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />