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~~ <br />....~,~ <br />.. <br />~~ <br />N ~ <br />~ ~~ <br />.~ <br />~ ~~ <br />~ ~~ <br />~ ~.~. <br />Ut ~ <br />..~.~.~ <br />•~.~ <br />~~ <br />~~ <br /> r.: m <br /> <br /> m cal - l <br />~ r ~ ~ rv <br /> ~ ~ _ ~ ~ w <br />~ ~ ~ m <br />r1 <br />_ <br />~ ~ ~ <br />~~, ~- <br />~ <br />~-` <br />~ --< <br />T; c~ <br />C7 <br />w a <br />~ ~ ~, ~ <br /> © <br /> © ~ ~ rT'7 Z <br /> -~ <br /> V, rrna ~ rr"' Zr '"C C <br /> ~ ~, ~ t~ ~ <br /> ~'"~ ~ 1'1`1 <br /> d CD <br /> ~ ~ ~ <br /> Q <br />!~eT EIV d: LiivaA D, . <br />WHEN f~ECORDED MAIL TO: <br />Five Points Bank ~p-!~ Qdi~ ~~ ~ 7 C ~ <br />South Branch ~ J <br />3111 W. Stolley Pk. Rd. (p~'~0'2.. <br />Grand Island NE 68801 FOR RECORDER'S USE ONLY <br />FI VE POINTS B,~WK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 26, 2010, among PHYLLIS J BARTU and BRYCE BARTU; WIFE AND <br />HUSBAND ("Trustor"-; Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand <br />Island, NE 6$801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and Five Points <br />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 />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 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 ONE 111, PARK GARDENS THIRD SUBDIVISION, CITY OF GRAND ISLAND, MALL COUNTY, <br />NEBRASKA. <br />The Real Property or its address is commonly known as 1907 STOLLEY PARK CIRCLE, GRAND ISLAND, NE <br />68803. <br />CROSS-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 ar not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party ar 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 Rants. <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 (A) PAYMENT OF THE INDEBTEDNESS AND 161 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 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 111 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 />