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~~ <br />~~ <br />~~ <br />m <br />~ ~~ <br />~. <br />.~.~~ <br /> <br /> <br /> -~ <br />n Z ~ ~ ~~~ i--~ ~ ~ rV ~ <br /> ~ <br /> <br />(l trr ~~ rv a ~ ~ ]~ <br /> ~ <br /> ~ ~ <br /> rn <br />~ ~ T* n d <br /> ~ <br /> ~ r- ~ ~~ <br /> (~ <br />~•3 GA ~~ f.!) <br />~ ~~ ~` <br /> n c~ m <br /> <br /> ~ ~ <br /> ~ z <br /> O <br />WHfN RECORDED MAIL TO: <br />Five Points Bank P~ $ px ~/ ~ $v <br />West Branch ~~r. o ~ 7 Jr <br />2009 N. Diers Ave. G8~'d ~ <br />Grand Island, NE 58899-,~, ,, ,, ,_,,, FOR RECQRDER'S USE ONLY <br />-- .~V~ ~1AITS BAWK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated September 23, 2009, among VERA D MACM and GERRIE K ROBERSON; Single <br />Women ("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 Poin#s Bank, <br />whose address is P,O Box 1507, Grand Island, NE 68802-9507 (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 />See the exhibit or other description document which is attached to this Deed of Trust and made a part of <br />this Deed of Trust as if fully set forth herein. <br />The Real Property or its address is commonly known as 309 W 3RD ST , ALDA, NE 68890. <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 DEED OF TRUST, INCLUDING TWE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF TWE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. tH15 DEED OF TRUST IS GIVEN AND ACCEPTED ON 7HE <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 111 remain in possession and control of the Property; <br />121 use, operate or manage the Property; and (3) 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; 121 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, Ia1 any breach or violation of any <br />Environmental Laws, (b) 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 Ic- any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />