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<br />Z <br />f,/f <br />i <br /> <br /> <br /> <br />~ <br />: ~~ ~~ ~~ <br /> <br />n --+ <br />~ ~- <br /> <br />~' <br />m <br /> , <br />, <br /> <br /> <br /> <br />~ = c~ ~• <br />~ N G 'T1 C7 ~ <br /> -~ a <br />c~ <br />~~ C ~ ~,. <br />rr ~ <br />~ CI) <br />~ <br /> r- . <br />- <br /> r <br />t <br />rn ~ ;.r cz~ <br />r"" ~7 (~ Cl7 <br />...~ <br /> ~ ~ r* ~ cn ~ <br /> G <~ <br /> <br />r~ ~ <br /> A Q <br /> <br /> ~ ~ <br /> ~ ~ <br />0 <br />WHEN RECORDED MAIL T0: 1 ~ ~ ~ ~ ' <br />Five Points Bank <br />Wes# Branch <br />2009 N. Digrs Ave. <br />Grand I land N 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />.J~ <br />~~~ <br />THIS DEED OF TRUST is dated November 19, 2009, among LOREN E BOLEY; A SINGLE PERSON ("Trustor"1; <br />Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br />Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1. <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 />Condominium Unit No. 1105 the Yancey, A Condominium, The City of Grand Island, Hall County, <br />Nebraska, a condominium in accordance with the Declaration recorded on October 17, 1984 under <br />Document No. 84-005507 of the County of Hall, State of Nebraska, records as amended. NOTE: 123 N. <br />Locust #1105,Grand Island,NE <br />The Real Property or its address is commonly known as 123 N LOCUST ST APT 1105, GRAND ISLAND, NE <br />68801-6071. The Real Property tax identification number is 400143909. <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 />Cade 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, 15 GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND IB- 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 Trustor's obligations under the Note, this <br />peed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF 7HE 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 />12) use, operate or manage the Property; and l31 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: 111 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; 12) 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, (a- any breach or violation of any <br />FIVE POINTS l~WK ~~ <br />