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~~ <br />~~ <br />~1 ~ rn <br />~~ c~ <br />~~ ~ ~ ~ ~ ~ ~ ~ C~ <br />--- - -- -.] ~ rv Z <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Isl n NE 68803 FOR RE ORDER' E NLY <br />FI VE PINTS BANK - <br />~~ <br />DEED OF TRUST ~~ <br />THI5 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. Diers Ave., Grand Island, NE 6$803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose <br />address is P.0 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 tp 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 limitatipn all minerals, oil, gas, geothermal and similar matters, (th@ "Real Property°) located in HALL <br />County, State of Nebraska: <br />Lot Four (4) in Block "E" in Parkview Subdivision, located on a part of the Northwest Quarter (NW1/4) of <br />Section Twenty-Eight (28) and a part of the Northeast Quarter (NE1/4) of Section Twenty-Nine (291, all in <br />Township Eleven (11) North, Range Nine (9), West of the Sixth P.M., Hall County, Nebraska. <br />The Real Property or its address is commonly known as 2425 PIONEER BLVD, GRAND ISLAND, NE <br />68801-7341. <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, 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 IA) 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 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 />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; 121 Trustor has no knowledge. of, or reason to believe <br />that there has beenr except as previously disclosed to and acknowledged by Lender in writing, {a} any. breach or violation of any <br />Environmental News, •Ib1 any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />