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~_ r,.: <br />w <br />C7 U~ ;m <br /> .~~ ~ <br /> ~ 2 ~ r <br />. CJ~ ~ -i <br />; ~ <br /> , <br /> ~ ~ cn <br />~~ <br />~ ~,.,~ a~ <br />n cn ~ <br />,,, c~ -~, ~ ° Z <br /> <br />~~ 7C Z ~ <br />~~' ~ <br />r-~ ~ <br />-~ ~ r T' <br />Sa [::~ <br />-- <br />C~ (n <br />.W.I <br />~.~ <br />~ ~..... ~.r~ <br />~~ ~ ~ r <br />xy <br />r- 2A C~ ~ <br />C <br /> <br />~~ v~ `~ f~ ~ ,w.~ ~ <br /> ~ <br /> Z <br /> ~ cn CO <br /> ~' O <br />/i ET ~N ~/~ ~i~~rH~ <br />WHEN RECORDED MAIL ~O: <br />Five Points Bank ..~ ' I 5~ <br />West Branch Q O'~ ~) S d rT O <br />2009 N. Diers Ave. G~~'~'nZ <br />Grand Island, NE 68803 ___ , , ., FOR RECORDER'S USE ONLY <br />FIVE PAINTS DANK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated September 2, 2010, among CHARLES D BOSSELMAN JR and LAURA L <br />BOSSELMAN; HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. <br />Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"1; and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68$02-1507 (referred <br />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 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 />Lot Five (5), Block One (1), Ponderosa Lake Estates Fourth Subdivision, an Addition to the City of Grand <br />Island, Hall County, Nebraska. <br />The Real Property ar its address is commonly known as 308 PONDEROSA DR, GRAND ISLAND, NE <br />6$803-9648. The Real Property tax identification number is 4003$4299. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS ANp PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IA1 PAYMENT OF THE INDEBTEDNESS AND IBl PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST I$ 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 (1) remain in possession and control of the Prpperty; <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: 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 ar from the Property; 12- 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, 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 />