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~~ ~ <br />rn ~ ~ r~ <br />,~~ <br />~"~ i'r = <br />n ~ ~ Cn <br />~ ~ Z <br /> <br />_ <br />n Z z <br />~ <br />~ ~l <br />~ ~ <br />~ <br />~ m ,~ m <br />~ <br /> ~ ~ <br />' <br />~ ~~"'~ n ~ ~ - ~ ~ v <br /> <br />~ N, <br />2 <br />~' s rv o -~ c~ y <br />~ ~ cc~ -+-~ ~ ca cn <br />~ ~ ~ ~a ~ rT~ z <br /> ~ ~ ~' ~ <br />~ ~ ~ <br /> <br />~^ <br /> ~ ,~ m <br /> o ------ 2 <br /> c~ ~ ~. -i <br /> vti Z <br />O <br />~~~'En-v~• l~,r~rt-!y <br />WHEN RECORDED MAIL TO: <br />Five Points Bank p r Q ~(, I S' a 7 .f ~(J ~ 3 ~ <br />West Branch (a ~~ c~ ~ <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />FIVE POINTS BANK <br />D~~D OF TRUST <br />THIS DEED OF TRUST is dated May 21, 2009, among GREG J JONES and SHARON L JONES; HUSBAND AND <br />WIFE ("Trustor"'1; Five Paints Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE <br />68$03 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and Five Points Bank, <br />whose address is P.0 Box 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 8anaficiary, 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 rightsl; and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, nil, gas, geothermal and similar matters, (the °Real Property°) located in HALL <br />County, State of Nebraska: <br />The West Half of the Northeast Quarter (W 1 /2NE1 /41 of Section Thirteen (13), Township Twelve 112) <br />North, Range Ten (101 West of the 6th P.M., Hall County, Nebraska. <br />The Real property or its address is commonly known as 3563 W CHAPMAN RD, GRAND ISLAND, NE <br />68803-9597. <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 />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT pF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE iA1 PAYMENT OF THE IN47EBTEDNESS ANQ,..1B1 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 />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 />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustar's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of en Event of Default, Trustor may (1) remain in possession and control of the Property; <br />(21 use, operate or manage the Property; and 13- cpllect 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: 111 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, ar reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach ar violation of any <br />Environmental Laws, Ib1 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 Ic1 any actual or <br />