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~~ <br />~ <br />Z <br />~ rn _ ~ ~ ~ > to <br /> .~ <br /> -'-+ ~ m <br />_ ~ ~ ~ „~ ~ ,.~ ~ c~ o <br />~ ~ 4 G1'1 'Tl ~ <br />~ ' --- C..t.7 <br />~ ~a ~~ ~ r7'7 Z <br /> ~ G7 <br />.~. ~~ rn <br />~ r ~ _'.I <br />~ ~ o r'" ~„ _C Z7 <br />~~ J t" (n C <br /> <br />~~ 1-.-+ +..1 ~. --~ 2 <br /> C~ ~ <br />r. Cf7 Z <br /> <br />WHE E~ORDED MAIL TO <br />Five Points Bank p~ <br />West Branch D g04" f ~ ~ ~ '7" 0 ' ~ V <br />2009 N. Diers Ave. ~ ~ ~~ Z <br />Grand island, NE 68803 FOR RECORDER'S USE ONLY <br />FIVE POINTS SINK _ <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 8, 2009, among RAYMOND G FYE; A Single Man ("Trustor"1; Five Points <br />Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 6$803 (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 6$$02-1507 (referred to below as "Trustee"-. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH PDWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustar's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and .appurtenances; all water, water <br />rights and ditch rights lincluding stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relatingQ to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property°) IOCatep in MALL <br />County, State of Nebraska: <br />Lot Eighteen (1$1, Block Fifteen (151, of Ashton Place, City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 2624 W DIVISION ST, GRAND ISLAND, NE <br />6$$03-5737. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed at Trust) all of Trustor's right, title, and interest in and to ail <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 DF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PER50NAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8- 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 />P05SESSION AND MAINTENANCE DF THE PROPERTY. Trustor 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 11- remain in possession and control of the Property; <br />121 use, operate or manage the Property; and 131 cnllact the Rants Pram the Property. <br />Duty to Maintain. Trustor shall maintain the Property in goad 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 parson on, under, about ar 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, lal 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 Praparty, ar 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 />