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m <br /> r,: <br />~... <br />~v <br />n ~, ~ <br />~ ~ <br />c,~~V <br /> rn <br /> <br /> <br /> ' <br />~ <br /> rr <br />t <br />.. <br /> a <br />. <br />- <br />n ~ <br />~: <br />-a <br />~ ~ ~ r <br />, ~ . <br />c~ <br />~ ~ ~ r ~ <br /> <br /> <br /> °° ~'.. p <br />~.... <br />~~ <br />~~ ~ <br />_ ~~T E"N J > <br />C <br />~ <br />. <br />WHEN RECORDED MAIL TO: <br />Five Points Bank ~('? ~adK (Sc'~ <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 6880 .~ FOR RECORDER'S USE ONLY <br /> FIVE ~1NTS ~AIVK ~_ <br /> <br /> <br /> DEED OF TRUST <br />THIS DEED OF TRUST is dated January 20, 2010, among ROBERT W STRONG and KINDRA K STRONG, F/K/A <br />KINDRA K HAYS; HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. <br />Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred <br />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 rightsl; and all other rights, royalties, and profits relatingg to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") IOCatAd in HALL <br />County, State of Nebraska: <br />Lot Ten (10-, in Block Six 16-, in Country Club Subdivision, in the City of Grand Island, Hall County, <br />Nebraska. <br />The Real Property or its address is commonly known as 2305 RIVERVIEW DR, GRAND ISLAND, NE <br />68801-7422. The Real Property tax identification number is 400039532. <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 IAI PAYMENT OF THE INDEBTEDNESS AND 181 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 />12- 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: 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; (2) Trustor has no knowledge of, nr'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, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />