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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank P~ ~~ /$Q 7 ~
<br />South Branch ~~
<br />3117 W. Stolley Pk. Rd. lv~~L~ ~
<br />Grand Island. NE 68801 FOR RECORDER'S USE ONLY
<br />FIVE POinrrs ~-uK
<br />DFED OF TRUST
<br />THIS DEED OF TRUST is dated June 15, 2009, among JOHN M CUNNINGHAM and SARAH C CUNNINGHAM;
<br />HUSBAND AND WIFE ("Trustor"1; Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd.,
<br />Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and Five
<br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1•
<br />CONVEYANCE AND GRANT. Far valuable CvnBideratian, Trus#vr conveys tv Trustee in trust, WITH POWER OF SALE, far the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the fallowing 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 protits 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 />LOTS SEVEN 171 AND EIGHT (8) IN BLOCK ONE HUNDRED TWENTY-TWO (122) IN KOEMG AND WIEBE'S
<br />ADDITION TO THE CITY OE GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 1004 W DIVISION ST, GRAND ISLAND, NE
<br />68801-6454.
<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 IA) 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 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 />Dasd of Trust, and the Related Documents.
<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 />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 13- collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in goad condition and prpmptly 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; 121 Trustor has no knowledge of, or reason to believe
<br />that there has bean, except as previously disclosed to and acknowledged by Lender in writing, la- any breach or 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 Ic- any actual or
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