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O --� <br />C D <br />--� <br />� � m <br />=s7 ""� O <br />N <br />� <br />� <br />�--� <br />t--.' <br />C�J <br />C7 <br />O � <br />- *l y <br />S � <br />D t� <br />r � <br />r n <br />� <br />� <br />D <br />� <br />� <br />� <br />� <br />n <br />� <br />s <br />� <br />N <br />O <br />F--� <br />1--" <br />� <br />N <br />rn <br />�-J <br />Q� <br />� <br />� <br />� <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island NE 68801 FQR RECORDER'S USE ONLY <br />F►VE POINTS BANK ob <br />yr � <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 28, 2011, among JESSICA J EHLERS; A Single Woman ("Trustor"); <br />Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand Island, NE 68801 (referred <br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br />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 rightsi; and all other rights, royalties, and profits relat'rng to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the " Real Property IOCated in HALL <br />County, State of Nebraska: <br />Lots One Hundred Eighty-three (183) and One Hundred Eighty-four (184) in Belmont Addition to the City of <br />Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 328 N WALDO AVE, 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, Trustor shall pay to Lender al! 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 (1) remain in possession and controi 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 va�ue. <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 />