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..~~ <br /> <br />~ <br />k h' f <br />.. ~ , <br /> ~ ~ <br />Iv ~ : ~ In <br />` .~.: <br /> <br /> <br />~ ~ ~ r~i ~ -~C ~ m ~ <br />~~r ~ f~ . <br /> <br /> ~ ~ <br /> <br />n t`rl <br />~ <br />~~ -~ ~ Cx~ ~ <br />war („ ~~ <br />~ r" :T.D aj <br />w~~ " ~ ~ r- ~ W C <br /> <br />..~... Cn <br />c <br />a ~ <br />~ <br />m <br /> , ~ - <br /> ~ ~ ~ <br />_ ~ <br />-~ <br /> cn cn w Z <br /> cn p <br />WHEN RECORDED MAIL T0: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Isl~ndN_E_ 68803 ,,__„ FOR,,,RECORDER'S USE ONLY <br />FIVE POINTS ~i41VK ~ <br />d~ <br />~: <br />DEED OF TRUST ~' <br />THIS DEED OF TRUST is dated May 21, 2010, among ANDREW P LOGUE and LAURA M LOGUE; HUSBAND <br />AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />whose address is P,O Box 9507, 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 stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relatingQ 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 SIX 161, BLOCK SIX I6), REPEAT OF RIVERSIDE ACRES, AN ADDITION TO THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 2208 APACHE RD, GRAND ISLAND, NE 68801. The <br />Real Property tax identification number is 400083736. <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 TD SECURE 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 />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 Trustar'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 111 remain in possession and control of the Property; <br />121 use, operate or manage the Property; and 13- 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 Environmen#al Laws. Trustor represents and warrants to Lender that: (1) 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, (a) 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 on, under, abcut or from the Property by any prior owners or occupants of the Property, or (c- any actual or <br />