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0�-03-2000 2 0 0 0 0 Q ? 3� DEED OF TRUST Page 2 �
<br /> Loan No 765992 (Continued)
<br /> MINUTES E., 331.4 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 10; RUNNING THENCE N. 0
<br /> DEGREES 50 1/2 MINUTES W., ALONG THE EAST LINE OF SAID LOT 10, 118.4 FEET; RUNNING
<br /> THENCE N. 79 DEGREE3 03 1%2 MINUTES E. 154.0 FEET, TO A POINT ON THE NORTHEASTERLY LINE
<br /> OF LOT 9, RUNNING THENCE N. 39 DEGREES 55 1/2 MINUTES W., ALONG THE NORTHEASTERLY
<br /> LINE OF SAtD LOT 9, 240.0 FEET, TO THE PLACE OF BEGINNING. EXCEPT A TRACT OF LAND MORE
<br /> PARTICULARLY DESCRIBED IN WARRANTY DEED DATED JUNE 17, 1991 AND RECORDED JUNE 18,
<br /> 1991 AS DOCUMENT NO. 91-103829 OF THE RECORDS OF HALL COUNTY, NEBRASKA.
<br /> The Real Property or its address is commonly known as 3008 S BLAINE ST, GRAND ISLAND, NE 68801-7318.
<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 present and
<br /> future leases of the Property and all Rents from the Property. In addition,Trustor grants Lender a Uniform Commercial Code security interest in the
<br /> Rents and the Personal Property defined below.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of
<br /> Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in
<br /> lawful money of the United States of America.
<br /> Beneficiary. The word "Beneficiary"means Five Points Bank, its successors and assigns. Five Points Bank also is referred to as"Lender" in
<br /> this Deed of Trust.
<br /> Deed of Trust. The words "Deed of TrusY' mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all
<br /> assignment and security interest provisions relating to the Personal Property and Rents.
<br /> Guarantor. The word "Guarantor" means and includes without limitation any and all guarantors, sureties, and accommodation parties in
<br /> connection with the Indebtedness.
<br /> Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Real Property.
<br /> Indebtedness. The word"Indebtedness"means all principal and interest payable under the Note and any amounts expended or advanced by
<br /> Lender to discharge obligations of Trustor or expenses incurred by Trustee or Lender to enforce obligations of Trustor under this Deed of Trust,
<br /> together with interest on such amounts as provided in this Deed of Trust. This Deed of Trust secures,in addition to the amounts specified in the
<br /> Note, tuture advances in the amount of$70,040.00, together with all interest thereon, which future advances Lender is obligated to make so
<br /> long as Trustor complies with all the terms and conditions of the Note or other loan agreement;however,in no event shall such future advances
<br /> excluding interest)exceed in the aggregate$70,oao.00. The lien of this Deed of Trust shall not exceed at any one time
<br /> 70,040.00.
<br /> �ender. The word"Lender"means Five Points Bank,its successors and assigns.
<br /> Note. The word "Note" means the Note dated January 3, 2000, in the principal amount of $20,688.63 from Trustor and any
<br /> co-borrowers to Lender,together with all renewals,extensions,modifications,refinancings,and substitutions for the Note.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereaffer
<br /> owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br /> replacements of, and all substitutions for, any of such properfy; and together with all proceeds (including without limitation all insurance
<br /> proceeds and refunds of premiums)from any sale or other disposition of the Property.
<br /> Property. The word"Property"means collectively the Real Property and the Personal Property.
<br /> Real Properry. The words"Real Property"mean the property,lnterests and rights described above in the"Conveyance and GranY'section.
<br /> Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> agreements,environmental agreements, guaranties,security agreements, mortgages, deeds of trust,and all other instruments,agreements and
<br /> documents,whether now or hereafter existing,executed in connection with the Indebtedness.
<br /> Rents. The word "Rents"means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
<br /> Property.
<br /> Trustee. The word'Trustee"means Five Points Bank and any substitute or successor trustees.
<br /> Trustor. The word'Trustor"means any and all persons and entities executing this Deed of Trust,including without limitation all Trustors named
<br /> above.
<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 (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
<br /> TRUSTOR UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED
<br /> ON THE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Trustor shall pay to Lender all amounts secured by this Deed
<br /> of Trust as they become due,and shall strictly and in a timely manner perform all of Trustor's obligations under the Note,this Deed of Trust,and the
<br /> Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by
<br /> the following provisions:
<br /> Possession and Use. Until the occurrence of an Event of Default,Trustor may (a)remain in possession and control of the Property, (b) use,
<br /> operate or manage the Property,and (c)collect any Rents from the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,replacements,and maintenance
<br /> necessary to preserve its value.
<br /> Hazardous Substances. The terms"hazardous waste,""hazardous substance,""disposal,""release,"and "threatened release,"as used in this
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