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<br />N <br />S <br />S <br /><D <br />S <br />..... <br />0) <br />W <br />..... <br /> <br /> <br />Iii <br />c <br />Z <br />g <br />CIS <br />.. <br /> <br />2~ <br />men <br />nx <br />~ <br /> <br />~ <br /><;;;> <br />c=> <br />c;Q <br /> <br />~~ <br />~ tt <br />~r <br /> <br />::3 <br />~ <br />::rJ <br /> <br />I: ,; I <br /> <br />~a <br />~:c <br /> <br />en <br /> <br />-0 <br />::3 <br /> <br />~ <br /> <br />...... <br /> <br />N <br />o <br /> <br />J1e.tf::YW" ' Kn+h.u <br />WHEN RECORD~MAll TO: <br />Five Points Bank f' 0 f..1'/ IS''' I <br />West Branch <br />2009 N. Diers Ave. &;<:>go 2- <br />Grand Islllnd. NE 68863 o. <br /> <br />0(1) <br />O-i <br />c:::l> <br />z-i <br />-I/'Tl <br />-<0 <br />0"'" <br />""'z <br />:X:rTl <br />}>aJ <br />r ::l) <br />r}> <br />(I) <br />;:-;: <br />}> <br /> <br />-- <br /> <br />lion <br /><n <br /> <br />o <br />r'\) <br />o <br />c::> <br />CD <br />c:> <br />~ <br />0') <br />c...> <br />...... <br /> <br />m <br />~ <br />:0 <br />m <br />'=' <br />)::- <br />en <br />z <br />;j <br />c: <br />s:: <br />~ <br />~ <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />/ftJ,5'O <br /> <br />FIVE POINTS BANK <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated February 26. 2009, among JUDY l SAGVOlD, F/K/A AS JUDY lUEBBE, A <br />MARRIED PERSON. AND TIMOTHY SAGVOlD, HER HUSBAND ("Trustor"); Five Points Bank, whose address <br />is West Branch, 2009 N. Diers Ave.. Grand Island. NE 68803 (referred to below sometimes as "lender" and <br />sometimes as "Beneficiary"); and Five Points Bank. whose address is P.O Box 1507, Grand Island, NE <br />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 />County, State of Nebraska: <br /> <br />lot Three (3), le Heights Fourth Subdivision. comprising a part of the East Half of the Northwest Quarter <br />(E1/2NW1/4) of Section Eleven (11) North, Range Ten (10), West of the 6th P.M., Hall County. Nebraska. <br /> <br />The Real Property or its address is commonly known as 4216 KAY AVE. GRAND ISLAND, NE 68803-1419. <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 (BI 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 />