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~~ <br />~~- <br />.~~ <br />~ <br />~~~ <br />~ <br /> <br /> <br /> <br /> <br />'~ <br /> <br />_ <br />c~ <br /> <br />~ <br /> <br /> <br />7 U> <br /> <br />Q ^--1 <br /> <br /> <br />~ <br /> <br /> <br />Z <br /> <br />~ <br /> ' <br /> ~ :[7 <br /> <br /> <br /> Lr <br />° N n ~ ' ~ ~-~ ~~ ~ r" ~ <br /> <br />~^ <br />~ ~ v~ C.~ ~ <br />s'' C~7 <br />--' ~ <br /> <br />~ <br />I--~ <br />~-- ~. m <br /> <br />~ <br />-~- ~ crs ...~ ~'" <br /> cn Z <br />O <br />WHEN RECORDED MAIL 70: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />____Grand Island, NE 68801 __ _____ _ ~_~ ,, , , ._, FOR RECORDER'S USE ONLY <br />FivE PoiNrs Bow,.. . ,,.,.__.,.. Q <br />K <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated September 20, 2010, among ELDON G. THULIN and CORINNE L, THULIN; <br />HUSBAND AND WIFE ("Trustor"); 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 "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, (the "Real Property") located in HALL <br />County, State of Nebraska: <br />UNIT TWENTY THREE (231, WESTWOOD PARK 1 CONDOMINIUMS, A CONDOMINIUM IN THE CITY OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 4015 SANDALWOOD, GRAND ISLAND, NE 68801. <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 end 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 16) 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 ameunts 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 pefault, Trustor may (1) remain in possession and control of the Property; <br />121 use, operate or manage the Property; and 131 collect the Rants 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-. (1) During the peried 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, 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 />Hazardous Substance on, under, about or from the Property by any prier owners or occupants of the Property, or lc- 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 />