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<br /> ;lO 'n n <br /> ~ ::J: ~. <br /> m (I') ~ <br /> n :x: r~ <br />0 Z 710; <:::..:> o (n <br /> ~ <br />J: n 0 ..... -- o ~ <br />m l;; ~ r'),' ::0 c:~ ~ <br />n ~~' c:::: :2;~ <br />~ :c rT1 "\... C') -1'" <br /> o - -<0 <br /> 0 N o " <br /> ~ CO "2: j <br /> 0 r :em <br /> Pl ::D )>0;1 <br /> rT1 ::::3 o ;tJ <br /> 0 oJ:> <br /> (/) ...... (fl <br /> 0 ;l'<: <br /> l> <br /> N -- <br /> ....... (fl -.JZ <br /> VJ 0 <br /> <br /> <br />N <br />G> <br />G> <br />-..J <br />G> <br />-..J <br />W <br />(j) <br />-..J <br /> <br />Ri f f:: rw-.' ~ ,11"(.. <br />WHEN RECORDED MAIL TO: <br />Five Points Bank Po 1? (;'y I So 7 <br />West Branch <br />2009 N. Diers Ave. z.. <br />Grand Island, NE 6BBOll <br /> <br />FOR "RECORDER'S USE ONLY' <br /> <br />DEED OF TRUST <br /> <br />%',5<:) <br /> <br />THIS DEED OF TRUST is dated August 21, 2007. among LANE LEISINGER; a Single Man ("Trustor"); Five <br /> <br />Points Bank, whose address is West Branch. 2009 N. Diers Ave.. Grand Island, NE 68803 (referred to below <br /> <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box <br /> <br />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 /> <br />County, State of Nebraska: <br /> <br />Lot Eight (8), Block Eleven (11), H.G. Clark's Addition to the City of Grand Island, in Hall County. <br /> <br />Nebraska. <br /> <br />The Real Property or its address is commonly known as 814 W 8th St. Grand Island. NE 68801. The Real <br /> <br />Property tax identification number is 400030616. <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 />