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<br /> 70 Q~,,, <br /> m <br /> Q ." <br /> C m. <br /> . ~,.~ z o :r: '- <br /> :- ('.1 "" <br /> ~ ~ ~ ~I, <br /> ncn g~ <br />N ;IIl;:I: ~ ~" - <br />e ~ c::> :n c: :b- <br />e ~~' c::: Z --i <br />-...J m C':l -ifTl <br />e ~ 0,"- -<0 <br />CJ) 0 ..- o ." oG- <br />co -c <br />-.,J "'tJ "'z <br />N 0 t\ ::c 1'1"1 ~i <br /> f'T1 t -0 :b- CD <br /> m ::3 r- ::n <br /> .:0 rl> <br /> Gn <br /> .-c (:/') ~~ <br /> ;:><; <br /> r'\;3 l> <br /> ~'~ <br /> U1 "'" .... <br /> $I) N ~ <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Benk <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 />~".~~ <br />~.~. <br /> <br />THIS DEED OF TRUST is dated August 13. 2007. among ALICE M ROBINSON. A SINGLE WOMAN <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 />CONVEY ANCE 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 Twenty-Nine (29). Block One (1). Continental Gardens. an Addition to the City of Grand Island. Hall <br /> <br />County. Nebraska. <br /> <br />The Real Property or its address is commonly known as #29 VIA TRIVOLI, GRAND ISLAND. NE 68803. The <br /> <br />Real Property tax identification number is 400037602. <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 />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />