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<br /> <br /> <br /> Im <br /> <br /> <br /> 0 v C~ d v <br /> rn <br /> ~ ° ~ M _71 ° car) <br /> (0 = x <br /> C -r"I <br /> W Cj <br /> CD r a. C0 E ] <br /> c c <br /> m <br /> O <br /> WHEN RECORDED MAIL TO: <br /> Five Branch /00 F1 X 7 <br /> West B Branch <br /> 2009 N. biers Ave. jKP49-2-, <br /> r n Island, NE 68803 R RECORDER'S USE ONLY <br /> FIVE POINTS BANK <br /> DEED OF TRUST <br /> THIS DEED OF TRUST is dated December 3, 2009, among LARRY L HASSLER and GWENDOLYN L HASSLER; <br /> Husband and Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br /> Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br /> Bank, 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 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 Property") located in HALL <br /> County, State of Nebraska: <br /> The Westerly One Half (W1/2) of Lot Three (3) and all of Lots Four (4) and Five (5), all in Block Forty-Five <br /> (45), in Charles Wasmer's Third Addition to the City of Grand Island, Hall County, Nebraska. <br /> The Real Property or its address is commonly known as 1919 W JOHN ST, GRAND ISLAND , NE <br /> 68803-5922. <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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) 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 /> 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 /> (2) 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: (1) 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, (a) 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 (c) any actual or <br /> <br /> <br /> <br /> <br /> i <br /> <br /> I <br /> i <br /> I <br />