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<br /> <br /> <br /> <br />I\.) 11', ;a ,......, I <br /> n C;;;;) (") (J1 <br />\Sl :-- m <:::::3 <br />\Sl ~ :t: "\~ -...:I a --i 0 <br />-....,J m ,,- c: l>- <br />\Sl n Z n ,...--\- ::0 :z: --i N <br /> ~ ~ ' -tfT1 <br />\Sl :r ~ 0 ;::tl\ " ~~i: z 0 ~ <br /><:Xl m ~ \ -<0 <br />\Sl W 0""'" 0 <br />CJ"1 n en ~ 3" <br /> "" :r ""Tl """'z <br /> 0 r :c f'1l -..J I <br /> m V J> en 0 <br /> m ::3 . :::0 <br /> Lf\ 0 .:t>- 0 <br /> en en <br /> C..) ^ co <br /> 0~ :t>- :3 <br /> -c -- ---- C> .... <br /> 0) (j') en ~ <br /> en <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 />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />-+- <br /><:::::7- <br />.~ <br /> <br />THIS DEED OF TRUST is dated January 26. 2007. among DAVID L SCHRINER. whose address is 1604 N <br /> <br />WHITE CLOUD RD. GRAND ISLAND. NE 68803-9402 ("Trustor"); Five Points Bank. whose address is West <br /> <br />Branch. 2009 N. Diers Ave.. Grand Island. NE 68803 (referred to below sometimes as "Lender" and <br /> <br />sometimes as "Beneficiary"); and (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 (11. B Z Subdivision. Hall County. Nebraska. <br /> <br />The Real Property or its address is commonly known as 1604 W WHITE CLOUD RD. GRAND ISLAND. NE <br />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 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 />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 />