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~~ <br />~~ <br />~~ <br />~r>, <br />r>#~ ;~" <br />N ~ <br />m ~` <br />~ ~ <br />.y ~"'~ <br />~ ~ <br />.A ~~ <br />~~ <br />.r~~ <br />fir, <br />.~~ <br />~, i., .. at J' 1` .. <br />n <br />rrt <br />f'1 <br />rn <br />n c <br />a <br />N <br />_~~ <br />n z <br />~i <br />iia <br />:~ <br />c~ ~~ <br />a ~~ <br />Q <br />rn <br />r~n <br />:n <br />~~ <br />~ -~ <br />c~ c n <br />~ ~ ~ <br />--i ~ m <br />w[ <br />w <br />"`O <br />Ca <br />r„~ <br />0 <br />a "'n <br />~ m <br />~.. a~ <br />r~- <br />C Tr <br />cry <br />x <br />n <br />cn <br />c~ <br />N <br />C:7 <br />C1? <br />CJ <br />-~] <br />CL7 <br />..c <br />1-+ <br />m <br /> <br />C~/]~. <br />Z <br />C <br />;~ <br />m <br />z <br />a <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />rand 1 n NE FOR RECORDER'S USE ONLY <br />FivE Po~nrrs B~WK <br />DEED OF TRUST <br />~. <br />THIS DEED OF TRUST is dated October 1, 2009, among DENNIS W BRUNS and ANN E BRUNS; 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 1507, 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 7rustor'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 stack 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") IOCated In HALL <br />County, State of Nebraska: <br />Lat Two 121, Bruns Subdivision in the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 1303 GEDDES ST, GRAND ISLAND, NE 68801. <br />CROSS-COLLATERALIZATIQN. In addition to the Nots, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct ar indirect, determined or undetermined, absolute ar contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be ar hereafter may become otherwise unenforceable. <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 THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IA1 PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. TWIS 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 (1) 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 tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Envirpnmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Trustor's ownership <br />