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= D <br />M <br />G1 = v <br />n <br />-1 <br />Acct. No. 4416178 200001684 <br />p c-) Fn <br />O or-' D <br />P+ 1 <br />C, <br />Q <br />(,::, <br />cD <br />a <br />Cn <br />G) <br />r7� <br />C:) <br />co') <br />Cr <br />C/, N <br />Q7 <br />E3 <br />D <br />co <br />CD <br />CP cn <br />V <br />Oft- It <br />c <br />DEED OF TRUST AND ASSIGNMENT OF RENTS <br />NOTICE: THIS DEED OF TRUST SHALL CONSTITUTE A CONSTRUCTION SECURITY AGREEMENT S <br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT IN THE EVENT THE AMOUNTS ADVANCED 4 <br />UNDER THE LINE OF CREDIT ARE USED TO FINANCE IMPROVEMENTS TO THE PROPERTY DESCRIBED IN THIS <br />DEED OF TRUST. <br />THIS DEED OF TRUST AND ASSIGNMENT OF RENTS, as the same may be renewed or extended ('Deed of <br />Trust"), is dated as of February 29, 2 0 0 0 , and is an agreement AMONG Robert J. Johnson and Tamara M. Johnson, <br />husband and wife as the grantors; Robert Reicke, Esq., whose mailing address is Fraser Stryker Law Firm, 500 Electric Building, <br />Omaha, Nebraska 68102, as the trustee; and Merrill Lynch Credit Corporation, a Delaware corporation, whose street address is 4802 <br />Deer Lake Drive East, Jacksonville, Florida 32246 -6484, as the beneficiary. <br />Throughout this Deed of Trust, the following words have the following meanings: "we ", "us" and "our" refer to the <br />person or any or all of the persons who sign this Deed of Trust; "Merrill Lynch" refers to Merrill Lynch Credit Corporation, the <br />beneficiary, or anyone to whom this Deed of Trust is assigned; and "Trustee" refers to the trustee identified above, or any substitute <br />trustee. <br />DESCRIPTION OF SECURITY <br />By signing this Deed of Trust, and in consideration of the indebtedness herein recited and the trust herein created, we <br />irrevocably grant and convey to Trustee, in trust, with power of sale, the following described property, located in the County of <br />Hall, State of Nebraska: <br />Legal description attached hereto and made a part hereof. <br />This property has the address of 4139 Manchester Road Grand Island, Nebraska 68803 and, together with the interests <br />described below relating to this property, is called the "Property" in this Deed of Trust. <br />In addition to granting and conveying to Trustee, in trust, with power of sale, the Property described above, we also <br />grant and convey to Trustee, in trust, with power of sale, the following interests relating to that Property: (a) all buildings and other <br />structures located on the Property; (b) all rights we may have in any roads and alleys next to the Property or in any minerals, oil and <br />gas rights and profits, water, water rights, and water stock which are a part of the Property; (c) all rents and royalties from the <br />Property and any proceeds from the condemnation of, or insurance payments concerning losses to, the Property; and (d) all fixtures <br />now on the Property or later placed on the Property, including replacements of, and additions to, those fixtures. Our grant and <br />conveyance to Trustee of the rights and interests described above includes all rights and interests which we now have or which we <br />may acquire in the future. For example, if the security granted and conveyed to Trustee under this Deed of Trust is a leasehold <br />estate, and we subsequently acquire fee title to the Property subject to the leasehold estate, the rights and interests granted and <br />conveyed to Trustee by this Deed of Trust will include the fee title to the Property that we acquire. <br />OBLIGATIONS BEING SECURED <br />We have signed this Deed of Trust to secure (a) the payment to Merrill Lynch of a revolving line of credit debt in the <br />amount of U.S. $177,000.00, or so much of that debt as may be outstanding, plus all accrued interest, fees and other charges owed <br />under the Merrill Lynch Equity Access® Agreement, as the same may be renewed or extended (the "Agreement"), relating to this <br />Deed of Trust; (b) the payment of any amounts advanced by Merrill Lynch to protect the security of this Deed of Trust, with interest on <br />those amounts; (c) the performance by the persons who signed the Agreement of their obligations under the Agreement; and (d) our <br />performance of our obligations under this Deed of Trust. This Deed of Trust secures all future advances made under the Agreement <br />and advances which have been repaid may be reborrowed, provided that the maximum aggregate amount of advances to be secured at <br />any one time by this Deed of Trust shall not exceed the amount of the revolving line of credit debt set forth above. This provision <br />shall not constitute an obligation upon or commitment of Merrill Lynch to make additional advances or loans to us. The lien of this <br />Deed of Trust shall continue until a release thereof is recorded pursuant to Nebraska law. In no event shall the lien of this Deed of <br />Trust be eliminated because the amount of the debt is reduced to zero. The Agreement and this Deed of Trust, taken together, are <br />called the "Credit Documents." The term Agreement shall include all modifications, extensions, and renewals thereof. All sums <br />owed under the Agreement become due and payable in full on February 28, 2010. <br />NE EQUITY /PRIME <br />