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<br />WHE RECORDED MAIL TO:
<br />Five Points Bank Pa B ~ ~Sd-7
<br />South Branch
<br />8111 W. Stolley Pk. Rd. ~~~~
<br />_Gr_and Island, NE 88801 ~ ~~QZ~ FOR RECORDER'S USE ONLY
<br />F'~~ ~ .,,._ ~._._,
<br />INT ~B~WK
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated September 9, 2010, among ANDREW M SCHWAN and JOAN E SCHWAN;
<br />HUSBAND AND WIFE ("Trustor"1; Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd.,
<br />Grand Island, NE 68801 (referred to below sometimes as "Lender"' and sometimes as "Beneficiary"'-; and Five
<br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as ""TrusteQ"-.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER QF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and tp 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 stook 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, ail, gas, geothermal and similar matters, (the °Real Property°) located In MALL
<br />County, State of Nebraska:
<br />LOT EIGHTEEN (1$1, MARYLANE SUBDIVISION, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 3911 MARY LN, GRAND ISLAND, NE B8$OS-6022.
<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 ell
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Coda security interest in the Personal Property and Rents.
<br />THIS DEED OF TRU5T; INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, 15 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 TRU5T. THIS DEED OF TRU5T 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 Trustar'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 111 remain in possession and control of the Property;
<br />121 use, operate or manage the Property; and 131 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; (2) 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 vipletian of any
<br />Environmental Laws, Ib) any use, generation, manutacture, 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 (c1 any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and 131 Except es 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 ar release any Hazardous Substance on, under, about or from the Property;
<br />
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