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Diers Ave. <br />Grand Island NE 68803 FOR RECAIiC7Efi'S U$E ONLY <br />FI VE POiNTS BANK <br />1507, Grand Island, NE 68802-95Q7 (referred to below as "Trustee"►. <br />�•7 � � �►Z•] 3� �:Z��-'� � <br />THIS DEED OF TRUST is dated December 29, 2090, among DAVID C HILL, A Single Person ("Trustor"), Five <br />Points Bank, wh�se addrass is West Branch, 2009 N. Diers Ave., Grand Island, N� 68803 (referred to belvw <br />sometimes as "'Lender" and sametimes as "Beneficiary"); and Five Points Bank, whose address is P.O Bax <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in twust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and tq 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 appurtenences; all water, water <br />rights and ditch rights (including stock in utiiities with ditch pr irrigation rights►; and all other rights, rpyalties, and prafits relating to the real <br />property, including without limitatipn all minerals, oil, gas, geothermal and similar matters, (th6 "Real PI'operty loCBted In HALL <br />County, State af Nebraska: <br />Lots Ten (10) and Eleven (99), Campbell's Subdivision, in the City of Grand Island, Hall County, Nebraska <br />The Real Proparty ar its address is commonly known as 31 � SOUTH PINE & 316 SOUTH PINE, GRAND <br />ISLAND, NE 688p1. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of 7ruat) 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 />Gode security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING 7HE A551GNMENT pF RENTS AND THE SECURITY INTEREST IN TNE RENTS AND PERSQNAL <br />PROPERTY, IS GIV�N 7� S�CURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL pBLIGATIONS <br />UNp�R THE NpTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRU57. 7H15 D�Ep OF TRU3T IS GIVEN AN� ACCEPTED ON TME <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. �xcept as otherwisa provided in this Deed of Trust, Trustar shall pay to Lender all amounts secured 6y <br />this Deed ot Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations undar tha Nate, this <br />Deed of Trust, and the Related Documents. <br />POSSESSIQN AND MAINTENANCE OF THE PROPERTY. Trustor agrees that 7rustor's possession and use of the Property shall be <br />gpverned by the following provisions: <br />Possessipn and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in ppssession and control of the Property; <br />(2) use, operate or manage the Property; and 13) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condi#ian and promptly perform all repairs, replacements, and <br />maintenance necessary to preserva its value. <br />Compliance With Environmantal Laws. Trustor represents and warrants to Lender that: (1) During the period of 7rustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposel, release or threatened release of any <br />Mazardous Substance by any person on, under, abaut or frpm the Property; (2) Trustar 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 ar violatian pf 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 privr owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any psrson 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 vther authorized user of the Property <br />