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Diers Ave. <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />FrvE Po►nrrs B�wK � <br />y �- �- <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 29, 2019, among MITCHELL T NICKERSON and SUSAN E NICKERSON; <br />Husband and Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br />Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideratlon, Trustor conveys to Trustee in trust. WITH POWER OF SALE, for the baneflt of <br />Lendar as Beneflciary, all of Trustor's right, title, end interest in end to the following described real property, together with all existing or <br />subsequently erected or effixed buildings, improvements and fixtures; all eesements, rights of way, and appurtenances; all water, water <br />rights end ditch rights (including stock in utitities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, ges, geothermal and simflar matters, (the "Real Property") located in HALL <br />County, Stete of Nebraska: <br />The South Seventy-six (76) feet of Lot Ten (101, Block Six (6), Russel Wheeler's Addition to the City of <br />Grand Island, Hall County, Nebraska <br />The Real Property or its addre�s is commonly known as 804 N PINE ST, GRAND ISLAND, NE 68801. <br />Trustor presently essigns to Lender (also known as Beneficiary in thls Deed of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and ell Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property end Rents. <br />THIS DEED OF TRUST, INCLUDINa 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 OBLIQATIONS <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 ell emounts 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 egrees that Truator's possession and use of the Property shall be <br />governed by the following provisions: <br />Possesslon and Use. Until the occurrenca of an Event of Default, Trustor may (7) remain in possession and control 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 tenantable condition and promptly perform all repeirs, replacements, and <br />maintenance necessary to preserve its velue. <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, disposel, release or threataned release of any <br />Hazardous Substance by any person on, under, about or from the Property; i2) Trustor hes no knowledge of, or reason to believe <br />that there has been, except as previously dfsclosed to end acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, menufacture, storage, treatment, disposal, release or threatened release of eny <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 eny kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />ecknowledged by Lender in writing, (a) neither Trustor nor any tenent, contractor, agent or other euthorized user of the Property <br />