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~~ <br />~~ <br />~~ <br /> <br />~ <br /> <br />~ <br /> ~ o ~ <br />fv ~ ~ rn ~ ~ ~ ~ -I <br /> <br />~ ~ ~ ~ ~ ~ ~, ~~ ~- ~ rte, <br />C, <br />~ 'N"! ~ rn ~"? <br /> <br />w rrr>_~ ~ ~ ~ o -*, ~ cc, r <br />n <br />~ ~ ~ ~~ ~:= rT' a <br />z <br />~w~ ~ <br />; <br />m ~ -~ ~ cv ~ U5 <br /> <br />~ <br />o ~ r ~ <br />r- ~ <br />G_rt ---1 <br /> ~ <br />..~r~~ <br />~~ ~. rv <br />~~ <br /> ~ ~ ~ <br /> cry Z <br />v <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />FIVE PbINTS B,~WK -~ <br />~u~ <br />~n,. <br />DEED OF TRUST `` <br />THIS DEED OF TRUST is dated June 30, 2009, among NATHANIEL A SCHANOU and KRISTI S SCHANOU; <br />Husband and Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 6$$03 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br />Bank, whose address is P.0 Box 1507, Grand Island, NE 6$$02-1507 (referred to below as "Trustee"-. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH 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 rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, ail, gas, geothermal and similar matters, (the °Real Property°) located in HALL <br />County, State of Nebraska: <br />Lot Fifteen (151, Jeffrey Oaks Third Subdivision, Ci#y of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 4025 SACRAMENTO CIR, GRAND ISLAND, NE <br />6$$03. <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 OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PER50NAL <br />PROPERTY, IS GIVEN TO SECURE IAl PAYMENT OF THE INDEBTEDNESS AND (B1 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 />FALLOWING 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 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 />12- use, operate or manage the Property; and 131 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; 121 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, la- any breach or violation of any <br />Environmental Laws, Ib) 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 persCln relst'rng to such matters; and (31 Except as previously disclosed to and <br />acknowledged by Lender in writing, lal neither Trustpr npr ariy tenant, contractor, agent or other authorized user of the Property <br />