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...~ <br />~~ <br />~ <br />. <br />~~ ~ ~ ~ ~.: <br />~ ~ <br />IV <br />~~ ~ C~ ~' ~ <br />~ <br />"~ ~ <br /> <br />m rV [:7 <br />~ ~ fs ~ c ~ Cd ~ <br /> <br /> ~' ~ o t~':r <br />..~ .^..~~ <br />~~ m z rrt ~H <br />~ <br />a <br />fV (' <br />V ~ ~ r-- ~o <br />~ ~ C <br />~ <br />:r <br />C <br />a <br />~~ ~ <br />l1 UU ~ .. <br />K <br />,w <br /> W ~.. ~ ~ Q"'I <br />~ <br />~~~ 1'~ ~ ~ <br />~~' <br /> :n <br />WHEN RECORDED MAIL TO: <br />klm~ 4Y <br />'" ~CHu~-r'~'- <br />F~R RECORDER'S USE ONLY <br />GBS Partners, LLC ~ ^"'-' <br />1391 I Ridgedale Drive, Suite 470 FI VF POINTS ~B~WK ~- <br />Minnetonka, MN 55305 <br />952-545-2008 - t ~ <br />-- ~l- `~ <br />G <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 7, 2010, among MITCHELL T NICKERSON and SUSAN E NICKERSON; <br />HUSBAND AND WIFE ("Trustor"1; Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and Five <br />Points Bank, whose address is P.O 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 />Lander 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 relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") locate in HALL <br />County, State of Nebraska: <br />The West Half (W1/2) of Lot Seven 17), Black A, Boehm's Subdivision to the City of Grand Island, Hall <br />County, Nebraska <br />The Real Property or its address is commonly known as 972 W LOUISE ST, GRAND ISLAND, NE 68801. The <br />Real Property tax identification number is 400019639. <br />Trustor presently assigns to Lender (also known as Beneficiary in this peed of Trust) ail 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, INGLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SEGURE IA1 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la- this peed of Trust is executed at Borrower's request and <br />not at the request of Lender; Ibl Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; Ic- the provisions of this peed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and da not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and le- <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower. <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note, <br />this Deed of Trust, and the Related pocuments. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession arid use of <br />the Property shall be governed by the following provisions: <br />