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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank PO gox. /'307
<br />West Branch t..u P.r 0 ....
<br />-2009 N-Oiefs Ava.
<br />Grand Island. NE 68803
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<br />FOR RECORDER'S USE ONLY
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<br />FIVE PoINTS BANK
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated April 17. 2009. among STEPHEN L SEELY and MIRANDA J SEELY; Husband
<br />and 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 />Lot One {1}. Martin Subdivision. City of Grand Island. Hall County. Nebraska.
<br />
<br />The Real Property or its address is commonly known as
<br />68801 -7808.
<br />
<br />656 MARTIN AVE, 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 Tt1E"' ASSIGNMENT OF RENTSANDTHE--&ECURITY INTERESTJN THE RENTS AND PERSONAL
<br />PROPERTY. IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND IB) 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 Ic) 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 />
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