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<br /> ~ <br />N C1~~ 10 n ~ <br /> m <br />CSl ." :J: <br />CSl c: mClt <br />-....,J ~ (l Z O:r; <br />....... S; 0 7\ <br />CSl :x: <br />CSl m !-!l <br />CD ~ n CIJ <br />-....,J ~ :r; <br /> '" <br /> () <br /> <br /> <br /> <br />'::,~:::l (" <br /> <br />."<...1 ~\ .'>4, <br />r"1 (-\... <br />C"") ~',i"'~"'-'."" <br />,"", ','\' <br /> <br /> <br />'""1 <br /> <br />\~'.' <br />r'r, <br />P'~ <br />t.~, <br />Iif) <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 />t\' <br />~ <br />~, <br />t- <br /> <br />;:'.",,",.;:tI ~ <br />t:;:::".:I (") en <br />~~ 0 <br />--:J C> ----i <br /> c: )::~ r".) <br />...:-.7.,_ Z -, f! <br />(=,~ ~ rr1 <br />c:= c::> <br /> -< c> <br />c....:l 0 -n c::> Gr <br />c::> "1 --..J <br /> ,~. - <br /> :::!~ r'!"l ::J <br />-'tJ > C' .......... f <br />3 r-'- ;l) <br />r ::):1.. <:;:) <br /> (/) c::> <br />.....r:: ;;>:; <br /> > c.D <br />.......... -- <br />W (f) -..J <br /> (f) 2 <br /> ~ <br /> !~l>, ~17 <br />FOR RECORDER'S USE ONLY <br /> <br />THIS DEED OF TRUST is dated November 19, 2007, among ALLAN J KETTELER and RENE D KETTELER, <br /> <br />HUSBAND & WIFE ("Trustor"); Five Points Bank. whose address is West Branch, 2009 N. Diers Ave.. Grand <br /> <br />Island. NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br /> <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 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-One (21), Block One (1). Olde Mill Subdivision, in the City of Grand Island. Hall County, <br /> <br />Nebraska. <br /> <br />The Real Property or its address is commonly known as 2424 STAGECOACH RD, GRAND ISLAND. NE <br /> <br />68801. The Real Property tax identification number is 400067536. <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 />