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<br /> j'".."..> m' <br /> :lID C::> 0 Z <br /> "= en rr: <br /> ~ c::o 0 --l 0 <br /> c: C l> :JJ <br /> z -, N m <br /> 2 ~ -i f'T1 0 0 <br /> ~ -< 0 )> <br />'" ~ <br />s m 0 ....., 0 en <br />n " <1 2 <br />s ~ :c ~ ~ co <br />ex> 0 -r ,q en <br />s r-n fl' -0 l> co c::> ~ <br />-....,I ~ r-n ::3 r- ::D <br />-....,I CJ ~ r 1>- -J C <br />...... ~ C/J (f) s: <br /><.n ~ ^ -J ~ <br /> l> ~ <br /> C.) "-" ........ <br /> -..J en en Z <br /> en 0 <br /> <br /> <br /> <br /> <br />R.d" UYVV< L; 'nJ tl- O. <br />WHEN RECORDED MAIL TO: <br />Five Points Bank f d is lry.. ISo , <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island. NE 889&t {, 8 X' (12-- <br /> <br />200807715 <br /> <br />10.{'D <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated August 27, 2008, among LAURA J JOHNSON; A SINGLE PERSON ("Trustor"); <br /> <br />Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd" Grand Island, NE 68801 (referred <br /> <br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br /> <br />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, end 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 ONE (1), BRAMER SUBDIVISION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 1146 S VINE ST, GRAND ISLAND, NE 68801-8061. <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 />ordinances. including without limitation all Environmental laws. Trustor authorizes lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as lender may deem appropriate to determine compliance of the Property <br />