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NE 68803 <br /> <br />,0 U) <br /><.-"J -1 <br />C:P <br />Z ~'1 <br />~f'T1 <br />-< C', <br />o""T1 <br /> <br />-r"1 _'"':II'" <br /> <br />_~_ Pl <br />)> cn <br />r ~'I:J <br />r 1'>- <br />en <br />:;0'<: <br />1> <br />'-' '-' <br /> <br />u> <br />u> <br /> <br />o~ <br />~B. <br />c:>ar <br /> <br />~~ <br />:i <br />.... <br />~Z <br />o <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />45,50 <br /> <br />THIS DEED OF TRUST is dated May 14, 2007, among KYLE R KOEPP and SALLY J KOEPP; Husband and Wife <br />("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 <br />(referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points Bank, whose <br />address is P.O Box 1507, Grand Island, NE 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 />County, State of Nebraska: <br /> <br />The Southwest Quarter of the Northwest Quarter of Section Thirty-three (33), Township Eleven (11) North, <br />Range Eleven (11) West of the 6th P.M., Hall County, Nebraska; Except that portion in Deed recorded as <br />Instrument # 200008584 described as follows: A tract of land comprising the Westerly One Hundred <br />Ninty-five (195.0) feet of the Southerly Two Hundred Sixty Eight (268.0) feet of the Southwest Quarter of <br />the Northwest Quarter (SW1/4NW1/4) of Section Thirty-three (33), Township Eleven (11) North, Range <br />Eleven (11), West of the 6th P.M., in Hall County, Nebraska <br /> <br />The Real Property or its address is commonly known as FARMGROUND IN HALL COUNTY, NEBRASKA, NE. <br /> <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Note. <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 (BI 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 tenantable 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 />