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~~ <br />_ '° n <br />;; z <br />csa L ~ C7 ~ ~° ca --+ ° <br />~ ~ /yam ~ y r~" . ~;_,_ ~ ~' (ti) (17 <br />~` crl ~, .~,. tt~ Can <br />C rn ~ '~ ~ m O V) <br />wa~~ rr ~ r.._. ~ --'1 <br />..........~ ~ r n Crl ~ <br />Cn N ~ F--+ C <br />x ~ <br />J~ fV rll <br />- k--~ ~ ~ <br />CA Z <br />WHEN RECORDED MAIL TO: O <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />brand Island, NE 68803 FOR RECORDER'S USE ONLY <br />FIVE P41N ~.~ ~~~~~~_ , .,,.,_,__ ,_ ,,._. <br />TS B,~WWK <br />DEED OF TRUST <br />THIS DEED OF TRUST is da#ed June 18, 2009, among JAVIER DELATORRE; A Single Person ("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 Bank, whose address is P.O Box <br />1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys #o 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 rightsl; 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 °RAaI Property") located in HALL <br />County, State of Nebraska: <br />A certain part of the East 1 /2 of the East 1 /2 of the Southwest 7 /4 of Section Four (41. in Township <br />Eleven (11) North, Range Nine (91 West of the 6th P.M., Hall County, Nebraska more particularly described <br />as follows: Beginning at the Southwest corner of the East 1 /2 of the East 1 /2 of the Southwest 1 /4 of <br />Section 4, running thence North upon and along the West line of said East 1 /2 of the East 1 /2 of the <br />Southwest 1 /4 of said Section, 136.0 feet, running thence East parallel to the South line of said Section 4, <br />80.0 feet, running thence South parallel to the West line of said East 1 /2 of the East 1 /2 of the Southwest <br />1 /4 of said Section 136.0 feet to a point on th® South line of said Section, running thence West upon and <br />along the South line of said Section, 80.0 feet to the actual point of beginning. <br />The Real Property or its address is commonly known as 224 E CAPITAL, GRAND ISLAND, NE fi$601. <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 IA1 PAYMENT OF THE INDEBTEDNESS AND (8) 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 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 (1) remain in possession and control of the Property; <br />12- use, operate ar manage the Property; and 131 collect the Rents from the Property. <br />Duty to Mairrtain. Trustor shall maintain the Property. in gpod cpndition and prpmptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />~s~ ~ ~ ~ <br />