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.~.~ <br />~..~. <br />`:r° . <br />~.: <br />1'1"1 <br />^~^ <br />~ <br />_ <br />~ <br />~ <br />~~ <br /> <br />~~ <br />-'rw <br /> <br />rn <br /> <br />~ <br /> <br />`~ Q ~ <br /> <br />c ~' a <br /> <br />~ <br /> <br />IV <br />~"'~ <br />C <br />_ <br />'a ~ _ <br />' <br />N <br />` <br />~ <br />~~ <br />..~ ~.._ Z <br /> <br />p ~ ~ <br /> <br />~, ~ <br /> <br />~ ~ m <br /> <br />~ <br /> <br />c~ rl <br />1 <br />0 <br /> <br /> <br /> <br /> I <br /> ~ ~~ ~ ~ <br /> <br /> ~ <br /> i-- ~ <br /> d r <br />v o ~ <br /> <br /> <br /> <br />~~ E~/: ~WAI i E <br />WHEN RECORDED MAIL TO: <br />Five Points Bank ~ p . ,dCy /507 ; /~. ~D <br />West Branch ~]' <br />2Qp9 N. Diers Ave. ~8~L~2' <br />Grand Island. NE 68803 FOR RECORDER'S USE ONLY <br />F-vE POINTS BANK <br />DEED QF TRUST <br />THIS DEED OF TRUST is dated June 7, 2010, among PAMELA J HOLMES; a Single Woman ('"Trustor"); Five <br />Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points Bank, whose address is P.O Box <br />1507, Grand Island, NE 58802-1507 (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, (thA °Real Property°) IOCated in HALL <br />County, State of Nebraska: <br />Lot Thr®e 131, Block Nine (91, Schimmer's Addition to the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 415 W 14TH $T, GRAND ISLAND, NE 68$01-3531. <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 (A) 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 Trustor'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 11) remain in possession and control of the Property; <br />121 use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Main#ain. 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: (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; 121 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, la1 any breach or violation of any <br />Environmental Laws, Ib1 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 (c- any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and 131 Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) 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 Wazardous Substance on, under, about or from the Property; <br />