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~~ <br />~~ w~r11 <br />G <br />N~ ~ p <br />B ~ .~ ~ N <br />~ ~ ~ _ <br />~ ~~ <br />cr, ~.^r_ <br />~..~ <br />~~ <br />~~ <br />~~ <br />~~ <br /> m <br />n ~ <br /> . <br />c 2 -~ ' ~ m <br />7 <br />~ ~ ~ ~ rv <br /> ~ <br />~ ~ ~ a ~ ~ <br /> <br />~ ` h--' ° -'' ~ ~ <br /> ~ ~ ~ CL7 ~ <br />C1] <br /> a ~ ~ ~ <br /> r*r -~ 3~- tx? ~ <br /> <br />O rn <br />~ r ~ <br />- <br /> ~ r <br />>} cc~ ~ <br />0 I--- ~ <br /> ~ <br /> <br />n <br />~. ~ <br /> <br /> cry ~ cr1 ~ <br /> <br />IFFY ~r(Irl - ~~N/er <br />WHEN RECORDED MAIL TO: <br />Five Points Bank ~]p ~~)( ~~j D <br />West Branch <br />2009 N. Diers Ave. <br />rand Isl nd NE 6$80 FOR RECORDER'S USE ONLY <br />F~~ ~~l~s ~VK ~ <br />`~ <br />a <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated November 3, 2009, among MARY M DUBBS; An Unremarried Widow <br />("Trustor"-; Five Points Bank, whose address is Wes# Branch, 2009 N. Diers Ave., Grand Island, NE 08803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and Five Points Bank, whose <br />address is P.O Box 1507, Grand Island, NE 6$802-1507 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefi# of <br />L®nder 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") IOCated In HALL <br />County, State of Nebraska: <br />The East 33 fee# of Frac#ional Lot 6, and all of Fractional Lot 7, in Fractional Block 143, in Union Pacific <br />Railway Co's Second Addition, and the complements there#a, being the East 33 feet of Frac#ional Lvt 7, <br />and all of Fractional Lot 8, in Fractional Block 11, in Russell Wheeler's Addition, all in the City of Grand <br />Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 412E 9TH ST, GRAND ISLAND, NE 68801-3910. <br />Trustor presently assigns to Lender (also known as Beneficiary in this heed 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 TQ SECURE IA1 PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEEP OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON TWE <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 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 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, Ibl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />