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NE 68803 FOR RECORDER'S USE ONLY <br />Fi�E F�o�NT� B�v� <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 27, 2011, among ANGELINE C MCMAHON; an Unremarried �dow <br />("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose <br />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 Beneflciary, all of Trustor's right, title, and interest in and to the foilowing described real property, together with aii existing or <br />subsequently erected or afifixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditCh rights (including stock in utilities wiih ditch or irrigation 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 Pt'opel'i'y located in HALL <br />County, Stete of Nebraska: <br />The North Seventeen (17) Feet of Lot Twelve (121, and the South Forty-four (44) Feet ot Lot Ten (10), in <br />Block Nineteen (19), in ScarfF's Addition to West Lawn in the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 1715 N TAYLOR, GRAND 1SLAND, NE 68803. <br />Trustor presently assigns to Lender (also known as Baneficiaryr in this Deed of Trust) ali 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, IPICLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AI1SD (B1 PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AIVD TIiIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ORf THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMAIVCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner pertorm 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 Defauit, 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, reptacements, and <br />maintenance necessary to preserve its value. <br />Complience 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 �o knowledge of, or reason to beiieve <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, manufecture, 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, (a1 neither Trustor nor any tenant, contractor, agent or oxher authorized user of the Property <br />