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<br /> <br /> "'" (") () <br /> m :t: )> <br /> ." m U'I <br /> c: n :t <br />(') Z ;0;; <br />:t: ~ C <br />("I') <br />m . . <br />n CA <br />,.; :E: <br /> <br /> <br /> m <br /> 2 <br /> ~ <br /> 0"1 <br /> ;-".,'.......> :I:I <br /> If:_~:;,..Jo ("") (Jl <br /> 0(";:''.:'':> C> iTl <br /> --.2 0 -1 t.:J <br /> c: 1. r'V >- <br /> ,',.m. ~:.-:l z -~-i <br />;:1:'1 :t;\ r-"', -1 rr1 c:::> en <br />(''''\,'''1 t~, CJ -< Z <br />,,-, '1:" C) <br />C'J c.."':~ r0 C) " C) (I) <br />--.J " -f <br />"."1 -- -..J :-U <br />t.:.~:) :-r 1"'''1 c: <br />t1'1 ~, ::n ~,' (,;',J I--" s: <br />n'l /, ::3 r- ;:::) rn <br />C,:," (\ r- }:":'>- C> ~ <br />(.f) \' U) en <br /> ~ (CJ :;lI', Z <br /> :L>- CD 0 <br /> en <br /> CD (.f) -J <br /> (f) <br /> <br />tv <br />is <br />is <br />-...J <br />...... <br />is <br />0') <br />c:.o <br />-...J <br /> <br />Ref fiw ' XatkV <br />WHEN RECORDED MAI( TO: <br />Five Points Bank f 0'8'1/5" 7 <br />West Branch <br />2009 N. Diers Ave. 2.- <br />Grand Island, NE 68803 <br /> <br />/II ">0 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated December 20, 2007, among RICHARD L GLASSER and TINA M GLASSER; <br /> <br />Husband and 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 />The Westerly Twenty Five Feet (W 25') of Lot Nine (9) and all of Lots Seven (7) and Eight (8) in Block "En <br /> <br />in MacColI and Leflang's Second Addition to Wood River, Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 1001 DODD ST, WOOD RIVER, NE 68883. <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 />