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<br />WHE RECORDED MAIL TO:
<br />Five Points Bank P~ ~~ DSO 7
<br />West Branch J/O j Q
<br />2009 N. Diers Ave. 77 '
<br />Grand Island, NE X8689 ~'~~a ~ FOR RECORDER'S USE ONLY
<br />Firms P~o~Nrs 6~uuK ~ ~~...
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated August 28, 2009, among CLAYTON JOSE FRIESEN and ANGELA L FRIESEN;
<br />HUSBAND AND WIFE ("Trustor"1; Five Points Bank, whose address is West Branch, 2009 N. Diers Ave.,
<br />Grand Island, NE 68$03 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and Five
<br />Paints Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys tv 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 follcwing 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 righ#s (including s#ock 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") IOCatBd in HALL
<br />County, State of Nebraska:
<br />Lot Twenty Two (221. Morningside Acres Third Subdivision, in the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or its address is commonly known as 2503 RIVERVIEW DR, GRAND ISLAND, NE 68$01.
<br />Trustor presently assigns tp 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 PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB1 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 />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 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 />(21 use, operate or manage the Property; and 13- collect the Ren#s frpm the Property.
<br />Duty to Maintain. Trus#or 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; (2) 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, Ib1 any use, generation, manufacture, storage, #reatment, 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, pr Ic1 any actual or
<br />threatened litigation ar claims of any kind by any person relating to such matters; and 131 Except as previously disclosed to and
<br />acknowledged by Lender in writing, la) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />
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