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~ ~ Ir <br />~....~ ~ <br />" <br />C m ~ c~ cn d -~-1 <br /> <br />~ ~, ' n <br />Z <br />~ _ <br />~~~ ca O --~ <br />~ a <br />rv <br />~ <br />~~ ~ ~ <br /> <br />A ~ <br /> ~ = ` <br />~ <br />'"' ~ ~ Q l'J] <br />~ ~~ a ~ ~ ~ C.fJ <br /> ~ ~ y,, cs~ O ~ <br />~ <br />.~ rn <br />r n S7 <br />~ ~ J7 <br />~ <br />IV ~ d ca r A C <br /> <br /> m <br /> <br /> <br /> <br />WHEN RECORDED MAIL TO <br />Five Points bank ~n ~,,~r, / Sa'"7 <br />West Branch ~~,~,~~ ~a,~~~ <br />2009 N. Diers Ave. <br />Grand Island NE 68803 FOR RECORDER' E NLY <br />FI VE POINTS B~WWK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 14, 2009, among BRIAN J BOHRER; A Single Person ("Trustar"); Five <br />Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points Bank, whose address is P.O Box <br />1507, Grand Island, NE 68802-'1507 (referred to below as "Trustee"). <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 stack in utilities with ditch or irrigation rightsl; 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 />Lot Two (2-, in Block Twenty-Five 125), in College Addition to West Lawn, in the City of Grand Island, Hall <br />County, Nebraska <br />The Real Property or its address is commonly known as 2137 N HUSTON AVE, GRAND ISLAND, NE <br />6$803-2143. <br />Trustar 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 />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 TRU5T IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Peed of Trust, Trustar shall pay to Lender all amounts secured by <br />this peed of Trust as they became 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 />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustar agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />121 use, operate or manage the Property; and (31 collect the Rents from the Property. <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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 11) 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; 12) 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 an, under, about or from the Property by any prior owners or occupants of the Property, or Ic- any actual or <br />