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' <br />~ <br />r ; <br />.r ~ ~ '1 ~ ~ <br />^rr~ ~ <br />_ <br />~~ <br />~ ~ <br />j ~ <br />~~ <br />~ o <br />~ <br />_ <br />~` ~ t/! <br />~ <br />~ ~` I ~ <br />~ ~ <br />~.~... ' ' <br />w~r_ <br /> r~ <br /> ~ ~ ~ <br /> ~ ~ ~ <br />~a <br /> -- 2 ---I <br /> ~m <br /> ~~ <br />~ p ~ <br />~ G~ ~ ~ <br />C7 (x S t"r7 <br />m ""~1 --p p cad <br />rn ~ r-" :xa <br />c:~ r ~ <br />cis ~ <br /> ~ ~ <br /> A <br /> <br /> C7'~ c~ <br /> cis <br />CV <br />~- <br />t~ <br />^~ <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island. NE 68803 FOR RECORDER'S USE ONLY <br /> <br />m <br />m <br />~7 <br />d <br />f <br />Z <br />C <br /> <br />FI VE POINTS L~41VK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated January 15, 2070, among MITCHELL T NICKERSON and SUSAN E <br />NICKERSON, whose address is 811 W 9TH ST, GRAND ISLAND, NE 68801-4205 ("Trustor"); Five Points <br />Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box <br />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 ar 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 ri hts, royalties, and profits relating$ to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (tie "Real Property") IOCatep In HALL <br />County, State of Nebraska. <br />Lot Five (5), Except the Southerly Six 16) Feet, in Block Twenty (20), in Packer and Barr's Second Addition <br />to the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 250 N. DARK AVE., GRAND ISLAND, NE 68803. <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 />THI5 DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IAI 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 pF 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 Daed 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 11- 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 tv Maintain. Trustor shall maintain the Property in tenantable 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; 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, la- any breach or violation of any <br />Environmental Laws, Ib) 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 />