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a <br /> ~•: <br />~~' m <br /> Z <br /> ~ ~ <br /> ~ ~ ~' ~ ~ -~ rv :TJ <br /> t <br />~ _ n ~' ~' ~ ~ <br />o U ~ <br /> ~ ~ ~ ° ~ w <br />~ <br />~~ <br />rn ~ <br />.. c.~ ° <br />~ Cn <br />~ ~ t~ <br />7C ~ <br />~ ~ ~ <br />'~ ~ r'r7 <br />v C~ Z <br />~ ~ , <br />~ ~1 ... ~ t~ ~ <br />...a <br />~ C7 ~ r <br />r- X,. 1.-.-- ~ <br />Cn cn <br /> <br /> ~ crt ~ <br /> t~- ~ ~ <br /> O <br />~-t- any e <br />WHEN RECORDED MAIL TO: ~ <br />Five Points Bank PD~,~dX- /50 7 ~ ~' "~ <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE BSBO$ lr~~`P~~ . ., FOR RECORDER'S USE ONLY <br />FivEAOm-rSBa~uK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 9, 2010, among ROBERT D RIEDY and KRISTIN M RIEDY; Husband and <br />Wife ("Trustor"1; Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE <br />6$$03 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Paints Bank, <br />whose address is P.O. Box 1507, GRAND ISLAND, NE 6$$03 (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 stack in utilities with ditch or irrigation rlghtsl: 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 MALL <br />County, State of Nebraska: <br />All of the Southerly Seventy and Six Tenths Feet (S70.6) of Lot Ten (10), in Block One (1), in Gilbert's <br />Addition to the City of Grand Island, Hall County, Nebraska <br />The Real Property ar its address is commonly known as 1004 W 12TH ST, GRAND ISLAND, NE 6$$01. <br />CROS5-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated ar unliquidatad, whether Trustor <br />may be liable individually or Jointly with others, whether obligated as guarpntor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. <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 DEEP 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 INpEBTEDNE55 AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEEP OF TRUST. TWI$ DEED OF TRUST IS GIVEN ANp 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 Nots, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF TWE 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 tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />