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~~ c7 cr, ~ I~ <br />~~ ~ ~ ~ <br />a ~~ ~ ~ ~ rv ~ <br /> r <br />re! <br />~ n ~ n ~ ~ I---~ A <br />~ ~ ,~-, ~, <br /> <br />~~ ~ <br />~ <br />~ <br />~ <br />00 ~ ~ _ ~ <br />' -v ~ ~ °' ~0' <br />i <br /> <br />~~ (~ ~ ~ <br /> <br />~~ ~ ~~ <br />~ ~ <br /> ~ <br />_ `~ ~ <br />'~ ~ a <br />~t.~nv'• ~~~ <br />WHEN RECORDED MAIL T <br />Five Points Bank PQ ~ 6 ,y~ ~5 p 7 /~ ~D <br />West Branch L~U~ <br />2009 N. Diers Ave. <br />tiran~._Island, NE 6$803 ~ ~ 8 ~ ~ FOR RECORDER'S USE ONLY <br />FIVE POnurS ~uuK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 12, 2010, among JENNIFER L KONTOS; a Single Woman ("Trustor"1; <br />Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br />Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1. <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 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") located in HALL <br />County, State of Nebraska: <br />Lot Two Wundred Forty Five (2451. in West Lawn, in the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 1315 PARK AVE, GRAND ISLAND, NE 68803-3044. <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 IA) PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DQCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST I5 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 Nate, 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. Trustnr 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, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, lal any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance pn, under, about or from the Property by any prior owners or occupants of the Property, or Ic- any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, la- neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />Z <br />