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~...~ ,v n ~ ~,~. ~„ © m <br /> ? <br />m ~ t'V <br /> C '1 <br />t ~ ~s . <br />.~ <br />' <br />~ ~ ~ Z 7C ~ ~, ~~ r' <br />' [a m <br />m -.~.. _ ~ ~ rtia ca ° ~ ° <br /> ~ N ., a (_ 'r1 C <br />© ~ <br />~ - ` <br />rt . <br />~ ~~ ~ = _`~ <br />Ca ~ ~ p .Z <br />Oo ~ rT <br />r <br />P,'r1 ~ <br />~ ~ ~ s~? C <br />-wi <br />OD ~ ~ ~ ~ ~ <br /> an ~,,,, ~ Cr, C <br /> <br /> <br />.. co ~ °° <br />~ <br />O <br />WHEN RECORDED MAIL TO <br />Five Points Bank ~D Z,~ ~ / $ D 7 ~~ ~ UD <br />west Branch <br />2009 N. Diers Ave. ~ f~&'O ~ <br />Grand Island, NE 68803 _.__._ FOR,RECORDER'S USE ONLY <br />DEED QF TRUST <br />THIS DEED OF TRUST is dated August 13, 2009, among MICHAEL L KRECKLOW and KIMBERLY A <br />KRECKLOW; HUSBAND AND WIFE ("Trustor"); Five Poin#s Bank, whose address is West Branch, 2009 N. <br />Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"-; and Five Points Bank, whose address is P.O Box 7 507, Grand Island, NE 68802-1507 (referred <br />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 stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") IOCatA~ in HALL <br />County, State of Nebraska: <br />Lot Two (2) and the East Twelve 1121 feet of Lot Three 131 in Block Ten (101, Parkhill Third Subdivision, an <br />Addition to the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 2407 WEST OKLAHOMA AVE, GRAND ISLAND, NE <br />68$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 />Cade 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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IBl 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 Trus#, Trustor shall pay to Lender all amounts secured by <br />this Dasd of Trust as they become due, and shall strictly and in a timely manner perform all of Trustnr's obligations under the Note, this <br />Deed 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 fcllowing 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: (1) 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, (a- any breach or violaticn of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />