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<br />WHEN ECOR D MAIL TO:
<br />Five ints nk
<br />West B
<br />2009 N. iers Ave.
<br />Grand Islan IVE 68803
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<br />FIVE PQINTS B�WK
<br />DEED OF TRUST
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<br />THIS DEED OF TRUST is dated January 7, 2011, among TIMOTHY L YAX; A SINGLE PERSON ("Trustor");
<br />Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary"►; and Five Points Bank, whase address is P.O
<br />Box 9 507, Grand Island, NE 68802-1507 (referred to below as "7rus#ee"1.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys #a Trustee in trust, WITH POWER OF SALE, for the henefit 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 />su6sequently erected or affixed buildings, improvements end fixtures; all easements, rights pf 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 MALL
<br />County, State of Nebraska:
<br />LOT 8, BLOCK 8, KOEHLER PLACE, AN ADDITION TO THE CITY OF GRAND ISLANI7, HALL COUNTY,
<br />N�BRASKA.
<br />The Real Praperty or its address is commonly known as 322 S OAK STREET, GRAND ISLAND, NE 68$01.
<br />Trustar presently assigns to Lender lalso known as 8eneficiary 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 frnm the Property. In addition, Trustor grants to Lender a Uniform Cqmmercial
<br />Code security interast in the Personal Property and Rents.
<br />THIS DEED OF 7RUST, INCLUDING THE ASSIGNMEMT OF REN7'S AND TH� SEGURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN 70 SEGURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UIVDER THE NOTE, THE RELATED DOCUMENTS, ANp tMIS DEED OF TRUST. THIS DEEp DF TRUST IS GIVEN AND AGCEPTED 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 vbligations under the Note, this
<br />Deed of Trust, and the Ralated pocuments.
<br />POSSESSION AND MAINTENANCE �F THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall 6e
<br />governed by the following provisions:
<br />Possession and Usa. llntil the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents frpm the Property.
<br />Duty to Maintain. Trustor shall maintain The Property in good condition and promptly perform all rapairs, 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 nwnarship
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disppsal, 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 5ubstance on, under, about pr from the Property by any prior owners or occupants vf the Property, or (c) any actual ar
<br />threatened litigation or claims of any kind 6y 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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