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m <br /> <br />n ~. <br />~ <br />~ ~ ~ cn <br /> <br /> <br />,~~ <br />° ~ <br />m <br />n = r• <br /> <br />~~ <br />~ ~ <br />~ <br /> <br />`~' C1'1 <br /> <br />v <br /> Z <br />o ~ ~ c~ a <br />~ ~ ~ ~ c <br />n G., `_ x.._ ~ .-~ ~, rn <br />coo ~ ? ~ ~- ~ ~ ~ t~ czia <br /> ~~ <br /> r7, <br />~ <br />~~ <br />~ ~ <br /> <br /> <br /> Iv n <br />rir~ <br />,....,.~.,. ~ ~~ rn <br /> <br /> <br />~EZENU Li,u~~ p, <br />WHEN RECORDED MAIL TO: ~f <br />Five Points Bank jp~,$cgL lSQ7 '7~•~ <br />South Branch <br />39 71 W. 5tolley Pk. Rd. <br />Grand Island. NE 68809 ~v~8'l1 ~ FOR RECORDER'S USE ONLY <br />FIVE POINTS GAWK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 3, 2010, among MATTHEW MASER and KRISTIN MASER; HUSBAND <br />AND WIFE ("Trustor"); Five Points Bank, whose address is South Branch, 3111 W. Stoney Pk. Rd., Grand <br />Island, NE 68801 (referred to below sometimes as "'Lender"' and sometimes as "Beneficiary""1: and Five Points <br />Bank, whose address is P.O Bqx 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 relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the °Real Property°) IOCate~ In HALL <br />County, State of Nebraska: <br />LOTS TWO 121 AND THREE 131 IN MORNINGSIDE ACRES FOURTH SUBDIVISION IN THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 1504 STAGECOACH RD, GRAND ISLAND, NE <br />68$01-7377. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustar's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING TWE_ A,.$SIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, 15 GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED pF 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 pf Trustor's obligaticns 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, Truster may (1) remain in possession and control of the Property; <br />12- 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 Environmental Laws. Trustor 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; 12- Truster has no knowledge af, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la- any breach or violation of any <br />Environmental Laws, Ib- any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Ic- any actual or <br />