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<br /> <br /> <br /> <br />iTI <br /> <br />I <br />Gr <br /> <br /> ,~~ <br /> Gl Q~ (f) a <br /> ..................f -i <br />I\.) . m c.r, c: )> <br />is =- n:t (""..........10:.,'-... ""T'\ Z -i N <br />is n ~ ::0 t '-, m -I rn <br />-....J ~ ~ r"l1 -L co a <br />is ~ ~~~ -< C) <br />is n en 0 ....,.., C) <br />co ~ ::c -,., N ....,.., ..,... <br />co d~ -J <br />I\.) ~ 0 :r: Pl <br /> "., t \J 1> co C> <br /> . f11 :3 ,. :::0 <br /> ! 0 ,. 1> a <br /> (f> (f) <br /> c..;) ^ co <br /> 1> co <br /> c...) -------- <br /> ..J:: (n N <br /> (f) <br /> <br /> <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 />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />\- <br />-:c <br />(" "". <br /> <br />:-V\ <br />('. .'1. <br />'--- "..... <br /> <br />THIS DEED OF TRUST is dated February 1, 2007, among TRAVIS l HASSElMANN and COURTNEY 0 <br />HASSELMANN, HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. <br />Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "lender" and sometimes as <br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred <br />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 Ten 110), Block Two (21. Ponderosa lake Estates Third Subdivision, in the City of Grand Island, Hall <br /> <br />County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 211 PONDEROSA DR. GRAND ISLAND, NE 68801. <br /> <br />The Real Property tax identification number is 400364999. <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 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 />