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leti i4w ' Ter <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />Downtown <br />370 N. Walnut <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated January 8, 2001, among DAVID L NELSON and BETH D NELSON; HUSBAND <br />AND WIFE ( "Trustor "); Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE <br />68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />whose 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 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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, includin <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State of <br />Nebraska: <br />LOTS ONE (1) , THREE (3), AND FOUR (4) OF HEAVENLY HAVEN THIRD SUBDIVISION, HALL COUNTY, <br />NEBRASKA. <br />The Real Property or its address is commonly known as NONE, GRAND ISLAND, NE. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, absolute or contingent, liquidated or unliquidated and whether Trustor may be liable individually or jointly with others, whether obligated <br />as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by <br />any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. <br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, <br />this Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies <br />with all the terms of the Note. <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 <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) 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 this <br />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 Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed <br />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; (2) <br />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 repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />T <br />> <br />{�{� <br />C <br />n <br />Z <br />rQ <br />CD <br />y <br />C_ <br />p -1 <br />rZrt <br />-f1 <br />`� <br />c~n <br />: _ <br />f--� <br />.j . <br />rn <br />r.� <br />D <br />CD <br />..c <br />M <br />r <br />O <br />ED <br />r n <br />v� <br />CAD <br />(f) <br />W <br />n <br />.J <br />cr1 <br />... <br />N <br />00 <br />leti i4w ' Ter <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />Downtown <br />370 N. Walnut <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated January 8, 2001, among DAVID L NELSON and BETH D NELSON; HUSBAND <br />AND WIFE ( "Trustor "); Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE <br />68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />whose 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 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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, includin <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State of <br />Nebraska: <br />LOTS ONE (1) , THREE (3), AND FOUR (4) OF HEAVENLY HAVEN THIRD SUBDIVISION, HALL COUNTY, <br />NEBRASKA. <br />The Real Property or its address is commonly known as NONE, GRAND ISLAND, NE. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, absolute or contingent, liquidated or unliquidated and whether Trustor may be liable individually or jointly with others, whether obligated <br />as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by <br />any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. <br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, <br />this Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies <br />with all the terms of the Note. <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 <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) 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 this <br />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 Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed <br />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; (2) <br />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 repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of <br />