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m <br />~~ rcr c .l n , o cn ~+ ~.~-1 <br /> c n ~ ~~ ~- <br />- ~ m ~ m <br /> Z ~ ~ <br />. <br />~ ~ ~' O <br />I~^i. C7 0 m ~- <br />,. ~ ~ <br />fV ~_ ~ ~ <br />N ~ 4. ~ ~ CJ ~ <br />0 ~• ~ ~ ~ C]7 ~ ~ Ct0 Z <br />~ ~ 7'C ~ ~ ~'~ .~ v ~ p ~ <br />~~ ~ ~ ~ C <br /> ~ v <br /> <br />~ ~ <br />~' <br />'`' cn <br />~ <br />`~ <br />m <br /> rn <br /> rv <br /> °° c~ <br /> <br />~^ c" O <br />WHEN RECORDED MAIL TO: L/ <br />Five Points Bank ,QQ ~DX- 15~~ '"T'0 ~.$~~ <br />West Branch 1 <br />2009 N. Diers Ave. (p ~gC1 Z <br />Grand Island, N6 6$$03...._ FOR RECORDER'S U5E ONLY <br />FtvE Pb--vfS BAMK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated October 30, 2009, among JOHN GANNON, A MARRIED PERSON, AND <br />JENNIFER GANNON, HIS WIFE ("Trustor"1; Five Points Bank, whose address is West Branch, 2009 N, Diers <br />Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; <br />and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as <br />"Trustee"1. <br />CONVEYANCE AMD GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lander 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 rights; 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 Proper#y") IOCated In HALL <br />County, State of Nebraska: <br />Lot Twenty-Six (261, in Block (1), in Knickrehm Second Addition to the City of Grand Island, Hall County, <br />Nebraska. <br />The Real Property or its address is commonly known as 103E 21ST ST, GRAND ISLAND, NE fi8$01-2322. <br />The Real Property tax identification number is 400052776. <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 SECIfRITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IA- PAYMENT OF THE INDEBTEDNESS AND IBI 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 Trustpr'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 pccurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property; <br />12- use, operate or manage the Property; and 13- 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 pr threatened release of any <br />Hazardous Substance by any person on, under, abput or from the Property; 12- Trustor has no knowledge of, or reason to believe <br />that there has been; except as previously disclpsed to and acknowledged by Lender' in writing, (a- any breach or viplation of any <br />Environmental Laws; 4b) any use, generation, manuft~cture, storage, treatment, • disposal, release or threatened release of any <br />