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<br />N <br />lSl <br />lSl <br />-.....J <br />...... <br />lSl <br />lSl <br />c:.o <br />0) <br /> <br />~. <br />t' <br />Vit!: II U- <br /> <br />nn <br />::c> <br />m en <br />o:c <br />;:i'\; <br /> <br />, ~ <br /> <br />1'0 <br />m <br />.." <br />C <br />n Z <br />~E~ <br />Q:r: <br /> <br /> <br />".'tI <br />('"~" ,,'~ <br /> <br />i~; r~," <br /> <br />~-';:;, ''', ~~"'-- <br />o ',."\,.... <br />-y, <br /> <br />::j <br />~ <br />f'\ <br /> <br />(:;;') <br />f'l <br />r" <br />CJ <br /><lfl <br /> <br />()- <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island. NE 68803 <br /> <br />DEED OF TRUST <br /> <br />.....' <br />("' <br />~" <br />~. <br />~ <br />~ <br /> <br />r.." I <br />C,:;~,)i 0 U-.' <br />,c;:> 0 <br />~ 0 --l <br />_.,~.... C :X:>- N <br /> z '-j <br />,;c:,-=> -t n-, <br />c--= --< C> ~ <br /> C <br />(..,) 0 -,., a <br />C) ..,..., :;.~ -.J - <br /> ::s <br /> ,,"'-. Frl ~ <br />-''0 )::.- (I) ~ <br />::3 r- ~u <br /> r .l>- 0 i <br />.... (/l C) <br /> ;~ <br /> P. <D <br />~ '--' '--' <br />c..,) (n en ~ <br /> (f) <br /> <br />'1 t;{P <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />THIS DEED OF TRUST is dated November 26, 2007, among ALLAN J KETTELER and RENE D KETTELER, <br />HUSBAND & WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br />Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuabla 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 />LOT 19, IN MORNINGSIDE ACRES SUBDIVISION, GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 2604 PARKVIEW DR, GRAND ISLAND, NE 68801. <br /> <br />The Real Property tax identification number is 400330741. <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 (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 />ordinances, including without limitation all Environmental laws. Trustor authorizes lender and its agents to enter upon the Property <br />