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<br /> <br /> '" ~'''''"", m <br /> m <.":'::"'"::':J (":> (1) z <br /> (~ .......,0 <br /> ..... ........ co 0 ~ ~ <br /> c: ,.-~ -- c: :t> N <br /> Z ---.4J Z ~ :0 <br /> :::0 E'\, ....-'~ rrl (B <br /> ~ 0 C3 -1 0 <br />I\J ~ ~ :.- -< 0 <br />S .. ",,:;:' - N ""l1 0 > <br />s o-"t 0 en <br /><Xl -.J .." <br /> .." :z: en 2 <br />s ^" <br /> 0 '.)- ::1: rr] <br />-....J Q fT1 ~, -u l> cn C) en <br />~ r ;:u :ti <br />I\J <::) fT1 ~ ::3 <br /> Cl r l> -.Jc <br />S en ~ (f> <br /> .......... ^ ...l::S: <br /> l> N~ <br /> G.J -- <br /> a Cf) Oz <br /> Cf) 0 <br /> <br /> <br /> <br />/lcC ~.'. ::ra \') '.<=-- <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank /CI IS~ ISo 7 <br />West Branch <br />2009. N. Diers Ave. <br />Grand Island. NE ~ &> 1 K 02.- <br /> <br />200807420 <br /> <br />/f / tJD <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated August 15. 2008, among COREY R SMITH and JODI L SMITH; Husband and <br />Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />whose 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 />County. State of Nebraska: <br /> <br />The Easterly Forty (40) feet of Lot Seven (7) and the Westerly Twenty-six (26) feet of Lot Eight (8) and the <br />Southerly Ninety-two (92) feet of the Westerly Three (3) feet of the Easterly Twenty-six (26) feet of Lot <br />Eight (8) in Block Forty.four (44), in Charles Wasmer's Second Addition to the City of Grand Island, Hall <br />County, Nebraska. <br /> <br />The Real Property or its address is commonly known as <br />68803-5927. <br /> <br />1814 W ANNA ST, GRAND ISLAND, NE <br /> <br />Trustor presently assigns to lender (also known 8S 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 />