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<br /> <br /> ;JIg ~ <br /> m <br /> C! <br /> Z 0 <br />(') '" <br />:r: ~ 0 <br />m !{>> <br />n (I) <br />~ ~ <br /> V\ <br /> 0 <br /> <br /> <br /> <br />N <br />G <br />G <br />-..J <br />G <br />N <br />N <br />co <br />W <br /> <br />//.,7' \ <br /><A.;2,!j7l/lJ-} <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />"Your Hometown Bal1k" <br />2015 N. Broadwell <br />P.O. Box 1507 <br />Grand Island, NE 68802-1507 <br /> <br /> r,.....:; f <br /> C"..:::.,,~ <br /> ~ 0 UJ <br /> '......( ~ 0 --I 0 <br /> .-~'" =3 c:: l> <br />,::0 = Z -; f'0 <br />p', ('L =0 -; rT1 <br />G) tn". '~ -< 0 <br />o "'t: f'0 0 ~ <br />~"""1 W 0 ""T) 0 <br /> tf; --r-] z <br />C! J <br />pOl ........ Pl --.J <br />Pl tl ::n l> CD a <br /><:;) ~ =:3 r- ;;lJ <br />(n r- p. "-> <br /> ~ f--.I. U) ~ <br /> f--.I. A N <br /> P- <br /> C,.) ................ co <br /> c.o C/) ... <br /> C/) c....) ~ <br /> <br />DEED OF TRUST <br /> <br />FOR RECORDER'S USE ONLY ~__ <br />~::... <br />_..-> <br />~ <br /> <br />THIS DEED OF TRUST is dated March 20, 2007, among Casey J. Clausen and Ashley M. Clausen; HUSBAND <br />AND WIFE ("Trustor"); Five Points Bank, whose address is "Your Hometown Bank", 2015 N. Broadwell, P.O. <br />Box 1507, Grand Island, NE 68802-1507 (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 ot 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) IN BLOCK TWO (2) OF PONDEROSA LAKE ESTATES FIFTH SUBDIVISION, GRAND ISLAND, <br /> <br />HALLCOUNTY,NEBRASKA <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 />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />