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1 <br />r�.�..i <br />�� <br />- �� <br />�� <br />N � <br />0 � <br />� �� <br />� � <br />0 <br />N �� <br />� � <br />� � <br />� <br />� <br />� <br />�� <br />WHEN RECORDED MAIL TO: <br />Five Points Bank �r <br />West Branch �3t <br />2009 N. Diers Ave. �'- Z <br />„ � • �. � � f �p. <br />r �. <br />�� <br />c � <br />9� <br />� _ <br />.�r. a�'� <br />� �.,. <br />� ` <br />� <br />� <br />� <br />� <br />� <br />+4� <br />� <br />� <br />� <br />v <br />m <br />r�: <br />� <br />Cl.� <br />�. <br />� <br />.—. <br />� • <br />'r9 <br />� <br />E�7 <br />F—� <br />CT"1 <br />_, <br />�--► <br />N <br />cn <br />ao <br />�� <br />O --1 <br />C D <br />Z "a <br />� rn <br />� � <br />O � <br />� � <br />s m <br />D � <br />r � <br />t' D <br />� <br />� <br />D <br />,...� <br />� <br />v� <br />FivE P�o►n�S �an►K <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 9, 2011, among DAVID A REHOVSKY and LINDA L REHOVSKY; <br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., <br />Grand Island, NE 68803 (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 buiidings, 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 ail other rights, royalties, and profits relatin to the rea! <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real PI'operty") IoCate� In HALI <br />County, State of Nebraska: <br />Lot Nine (9) Lake Davis Acres Second Subidviison, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 4621 CALVIN DR, GRAND ISLAND, NE 68801-8717. <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, Trustor shalf 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. 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 f1► rema+n in possession and contro! 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 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 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 <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />O <br />N <br />O <br />F—�+ <br />F—� <br />� <br />F�—' <br />�I <br />� <br />�' <br />a� � <br />4a <br />0 <br />