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~~ ~ e <br />~- m <br />~~ <br />~ -rye <br />n ~ <br />~ ~_ <br />~ <br />~ <br /> <br />~-~. <br />~ ~ ~ <br /> <br />~~ <br />fV <br />~ c ` <br />~ ~~ n Z n = ~ <br />~ ~ ~ ~ fv m <br /> <br />@ ~ ~, ~ <br />~ ~ _ ~ ~ ~ ° c~ cn <br />c <br />n ~ ~ Z <br />~ <br />~ <br />~ rn ~ -.~ ~~ ~ `I <br />Q - <br />_ <br />~~ ~ r- n ~ ~ <br />r~~ F--~ ~ f.Li Ili <br />~~ <br /> ~ CrP ~ Q <br /> ~, <br />~~i/d ` err//E <br />WH N RECORDED MAIL TO: <br />Five Points Bank ~a ,~p~[ /~j'p 7 <br />West Branch / a ~O <br />2009 N. Diers Ava. ~~~,~~ <br />Grand Island NE 688 F R REC RDER'S USE ONLY <br />FI VE PAINTS ~41VK <br />DEED OF TRUST <br />TWIS DEED OF TRUST is dated September 9, 2009, among JEFFREY L GATES and GLORIA F GATES; Husband <br />and Wife ("Trustor"); 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 (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 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") located in HALL <br />County, State of Nebraska: <br />Lot Four (4), Block Three (31, in Cunningham Subdivision, an Addition to the City of Grand Island, Hall <br />County, Nebraska, and that part of the vacated alley as shown in Ordinance No. 8377 filed April 1, 7 998 in <br />the Register of Deeds Office as Document No. 98-103017. <br />The Real Property or its address is commonly known as 2315 W 15TH ST, GRAND ISLAND, NE <br />68803-2627. <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 />TWIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (B- PERFORMANCE pF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEEb 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 />P055ESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the fallowing 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 />(2) use, operate or manage the Property; and (31 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; (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, Ib- any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />