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<br /> <br /> ;JIO ~...~ ['''';> I <br /> m = (? <br /> "'" c:> U) <br /> c: men ~4, -...;J 0 --l 0 <br />~~ Z OX -,., c: :t:>- <br />O ~ ~ ~' ,......, Z --l N <br />~ rn . CD --l rn 0 ~ <br />0'" ~~\t -< 0 <br />il"::J: 0 "TJ 0 I <br /> "l -..J -,., ...,.. <br /> CJ 0L rr] -..J <br /> ':-'\) -'- <br /> rn ~ ~ :t:>- ("".J 0 <br /> rTl l ::3 r ::n <br /> CJ r l> f---A <br /> (f) (fl <br /> c..::I ;::><; 0 <br /> :t:>- f---A <br /> c.n -- Z <br /> CD en en <br /> (fl 0 <br /> <br /> <br /> <br />N <br />s <br />S <br />-..J <br />S <br />....... <br />S <br />....... <br />0) <br /> <br /> <br />/" <br /> <br />(l~-I~~,u~) <br />WHEN RECoRDED MAIL TO: <br />Five Points Bank pol (),< IS: 6"7 <br />West Branch J; <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 />~ <br /> <br />THIS DEED OF TRUST is dated January 31. 2007'. among KEVIN H PLACZEK and DEANNA L PLACZEK. F/K/A <br />DEANNA L CHRISTENSEN. HUSBAND AND WIFE ("Trustor"); Five Points Bank. whose address is West <br />Branch. 2009 N. Diers Ave.. Grand Island. NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Five Points Bank. whose address is P.O Box 1507. Grand Island. NE <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 Six (6). Westwood Park Fourth Subdivision. in the City of Grand Island. Hall County. Nebraska. <br /> <br />The Real Property or its address is commonly known as 4024 W FAIDLEY AVE. GRAND ISLAND. NE <br /> <br />68803-3326. <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 />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 />