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.~~ <br />~~ <br />N ~ <br />~ ~~ <br />~ ~ <br />~ r~~ <br />-P ~~ <br />r ~ Tr . , <br /> <br /> ~ <br />c S ~ <br />n ~ <br />~ <br />~~ <br />~ Z <br />m <br /> = <br /> ~ --+ rn <br />,~ cri ~ ,,~ ~ <br />~a d v <br />n <br /> <br /> frl ~ '"~ n' Ct7 ~ '_"I <br /> <br />~ r... ~ <br />°' <br /> ~ r ~ c <br /> O F-~+ ~ ~ <br /> <br /> <br /> ~~.~ Z <br /> c.+s U <br />WHEN RECD ED MAIL TO: <br />Five Points Bank <br />West Branch PO ,~o JC ~-~ ~ <br />2009 N. Diers Ave. <br />Grand Island, NE 6880' ~ FOR RECORDER'S USE ONLY <br />FIVE POINTS SANK , <br />a <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 7, 2009, among R STEVEN GRIMES and NANCY G GRIMES; Husband <br />and Wife ("Trustor"1; Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />whose address is P.O Box 7507, Grand Island, NE 68802-1507 Deferred to below as "Trustee"). <br />CONVEYANGE 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 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, oil, gas, geothermal and similar matters, (the "Real Property") IOCat9d in HALL <br />County, State of Nebraska: <br />Lot Three 13), Colonial Estates Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 3019 ORLEANS DR, GRAND ISLAND, NE 68803. <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 tc 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 (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOGUMENTS, 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 />bead 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 l11 remain in possession and control of the Property; <br />12- use, operate or manage the Property; and l3) 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: 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; 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 Ic1 any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and 13) Except as previously disclosed to and <br />acknowledged by Lender in writing, la1 neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />