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w~ <br />N ~ <br />~~ <br />~ ~r <br />ry~7 ~~ <br />W ~ <br />...~ <br />,rn <br />._ <br />~' <br />y <br />m <br />C <br />y.~ n .mo.ww <br />l ) ~ Y• <br />~ _ <br />I <br />n <br />r.~~ <br />`~" <br /> ~ <br />' <br />` ~ fig <br />Z <br />rn ~ _W <br />.sl " <br />~ C7 --a C7 <br />. <br />, <br />~ <br />l .. <br />_~ r. r <br />..r ~ C' Tr <br />~ ._..{ <br />rv <br /> . <br />. <br />rr~ ~L~_ ~ <br />'~ ""~ rr} ~ <br /> <br /> ,... <br />~~4. <br />~ <br />f_'7 '~1 <br />H <br /> ~ <br /> c-~ ~.` ~ ~.:~ Cw7 <br /> _ - <br /> " ~ ~ <br />~ <br /> "1 <br />~, ~ ~ e>~ <br /> d ~ ~ cx~ <br /> <br /> ~ ~ ~ ~--~ <br /> w U, cx~ <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diets Avg. <br />..Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br /> <br />~.q~ <br />1 „ <br />CJ] <br />c~ <br />n <br />--~ <br />C7 <br />rivE rviNrs c~w-c <br />DEED OE TRUST <br />~n <br />~. <br />THIS DEED OF TRUST is dated September 20, 2010, among MICHAEL A ENYEART, A Single Person <br />("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diets Ave., Grand Island, NE 68$03 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"'1; and Five Points Bank, whose <br />address is P.O Box 15Q7, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. Fpr 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 pr irrigation rightsl; 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") Ipcated in HALL <br />County, State of Nebraska: <br />Lot Two 12), in Block Eighteen 1181, in Bonnie Brae Addition to the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as 1505 W NORTH FRONT ST., GRAND ISLAND, NE <br />6$$01. <br />Trustor presently assigns to Lender (also known as l3eneficiary 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 (A) PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST 1$ GIVEN ANp ACCEPTED ON THE <br />FOLLQWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed pf 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 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 11) remain in possession and control of the Property; <br />121 use, operate ar manage the Property; and 131 collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable epndition 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: 111 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, pr reason to believe <br />that there has been, exoept as previously disclosed to and acknowledged by Lender in writing, lal any breach or violation of any <br />Environmental Laws, (bl 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 pwners pr pccupants of the Prpperty, or (c) any actual or <br />