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FOR RECORDER'S USE ONLY <br />��� ��'�� ��� � Y <br />�� <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 29, 2011, among STEVEN E GOOS(C, A SINGLE MAN ("Trustor"); Five <br />Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points 8ank, whose address is P.O Box <br />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 eppurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigaiion 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 HALL <br />County, State of Nebraska: <br />The Northerly Fifity and Nine Tenths (50,9) feet of Lot Six (6), in Block Fourteen (14), in H.G. Clark's <br />Addition to the City of Grand Island, Hall County, Nebraska. <br />The Reai Property or its address is commonly known as 709 N CLARK ST, GRAND ISLAND, NE 68801. <br />i'rustor presently assigns to Lender (also knowrt 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 end 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 IA) PAYMEN7 OF THE INDEBTEDNESS AND f6) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />U1VDfR THE MIO`TE, THE RELATED DOCUMENTS, �dRlD 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 aii 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 obligafiions 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 shatl 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 control of the Property; <br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Mairrtain. 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 Environmerrtal Lews. Trustor represents and warrants to Lender that: (11 During the period of Trustor's ownership <br />of the Property, there has been no use, gerteration, 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 thare has been, except as previously disclosed to and acknowfedged by Lender in writing, fa) any breach or violation of any <br />Environmental Laws, (b► any use, generation, manutacture, 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 />