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<br />!Pe7 Ef'{U -1:117110
<br />WHEN RECOROr-O' MAil TO: .'
<br />Five Points Bank p D /30 x. IS rJ "7
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island. NE 68803
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />FIVE POINTS BANK
<br />
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<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated January 28. 2009. among MAX J BOERSEN JR and LINDA C BOERSEN;
<br />Husband and 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 />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 />lot 11. Island Acres No.6. a replat of lots 19 and 20 Island Acres, City of Grand Island. Hall County.
<br />Nebraska.
<br />
<br />The Real Property or its address is commonly known as
<br />68803.2425.
<br />
<br />3104 W 15TH ST. GRAND ISLAND. NE
<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 IAI PAYMENT OF THE INDEBTEDNESS AND IBI 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 />(21 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 />
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