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<br /> WHEN RECORDED MAIL TO: CA tZ
<br /> Five Points Bank 0
<br /> West Branch
<br /> 2009 N. Diers Ave.
<br /> ra Island, E ER' USE ONLY
<br /> FIVE Pows &NK .
<br /> DEED OF TRUST C..,
<br /> THIS DEED OF TRUST is dated September 17, 2010, among MITCHELL T NICKERSON and SUSAN E
<br /> NICKERSON; Husband and Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers
<br /> Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br /> and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as
<br /> "Trustee").
<br /> CONVEYANCE AND GRANT. For valuable consideration, Truster convoys 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, (the "Real Property") located in HALL
<br /> County, State of Nebraska;
<br /> Lot Five (5), Black Nine (9), H. G. Clark's Addition to the City of Grand Island, Hall County, Nebraska
<br /> The Real Property or its address is commonly known as 821 N CLEBURN, GRAND ISLAND, NE 68803.
<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, Truster 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, Truster 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 /> (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br /> Duty to Maintain, Trustor shall maintain the Property in tenantable 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; (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, (a) any breach or violation of any
<br /> Environmental Laws, (b) 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 (3) 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
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