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~~ <br /> <br /> <br /> ~ <br />~~ z ~ ~ <br />~ ~ ~ ---I rv m <br />fV ~ ~ © rn ~.. r- ~ ~' O m <br />~ ~ n ~ •~" <br />- ~ ~' ° a <br />~ = ~ _ ,, c <br />~ ~ .~ c.ca ~ <br />rrrrrr_ <br />~ ~ C) ~~ <br />° <br />~' ~, rTl <br />o <br />Z <br /> ~ ~ `~~ c <br /> <br />~ ~ ~ C.C) <br /> <br /> ~ O <br /> <br />~ I ~ C y <br /> <br />~ww~ <br />•, ~ <br />.Z <br />Q <br />~ ~~~ ~ ~~~ <br />WHEN RECORD AIL TO: <br />Five Points Bank ~p ~~,~, /$ 0'] ~d <br />West Branch ~Q' <br />2009 N. Diers Ave. (, ppo ~. <br />Grand Isl n NE 803 - - - - - - F R RE ORDER'S USE ONLY -•_ -~-~ <br />FIVE POINTS SANK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 13, 2009, among KEVIN D JULESGARD and AMANDA L JULESGARD; <br />Husband and Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 6$$03 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and Five Poin#s <br />Bank, .whose address is P.O Box 1507, Grand Island, NE 6$$02-1507 (referred to below as "True#ee"). <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 lincluding stock 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, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br />County, State of Nebraska: <br />Lot Sixteen (16) in Block One (11, of Knickrehm Fifth Addition to the City of Grand Island, Hall County, <br />Nebraska. <br />The Real Property or its address is commonly known as 111E 23RD ST, GRAND ISLAND, NE 6$$09-2334. <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 bEED OF TRUST, INCLUDING THE /1SSIGNMENT OF RENTS AND the SECURITY INTEREST IN THE RENT&. AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND TWIS 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 Daed 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 gocuments. <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 (1) remain in possession and control of the Property; <br />121 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; 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, 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 Icl any actual or <br />threatened litigation. or claims of any kind by any person relating to such matters; and 13) Except as preyinwsly disclosed to and <br />acknowledged try Lender in writing; la) neither Trustor nor any tenant, contractor, agent or other authoriz~ri user of the Property <br />