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~~ <br />c:a C7 Vi <br />l 7 v ~ <br />~ ~ ~ _ ~ ~ ~ -~~ a o ~ <br />cQ ~"~ ~ to p ~ ~,,, ~, ~ ~ C/) <br />= Q ~a ~ rn Ct~ <br />~ - m , 'T7 ~ cx~ G7 <br />r~ ~ r- ~ <br />~~ ~ r- A GIJ <br />v7 <br />~~ W ~ ~] <br />~~ ~ <br />07 ~ I-~+ <br />F17 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. biers Ave. <br />Gran I Innd NE 6 03 FOR RECORDER'S USE ONLY <br />FivE PoiNrs B~WK ~ <br />PEED OF TRUST <br />~~ <br />THIS DEED OF TRUST is dated December 8, 2009, among DEVONNE R SCHUETT; A SINGLE PERSON <br />("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. biers Ave., Grand Island, NE 68803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points Bank, whose <br />address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trus#or 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") IOCated in HALL <br />County, State of Nebraska: <br />Lot Twenty (20), Block Seven (7), Unit Three (3), Continental Gardens an Addition to the City of Grand <br />Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as #20 ST JAMES PL, GRAND ISLAND, NE 68803. The <br />Real Property tax identification number is 400038854. <br />Trustnr 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, Truster 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 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 Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Decuments. <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 11- remain in possession and control of the Property; <br />12- use, operate or manage the Property; and 131 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 />pf 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; (21 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, Ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardnus Substance one under, about or from the Property by any prior owners. or occupants of the" Property, or Ic1 any actual or <br />