|
WHEN RECORDED MAIL TO:
<br />FIVE POINTS BANK OF HASTINGS
<br />MAIN BANK
<br />2815 OSBORNE DRIVE WEST
<br />HASTINGS, NE 68901
<br />11111111111 111111111111111
<br />:a
<br />rn
<br />- n
<br />C
<br />n
<br />%,2
<br />p
<br />IIIIIIIIIIIIIN Nf llINN
<br />* 00000000000001
<br />IIII
<br />CO
<br />F—+
<br />III
<br />FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated November 23, 2015, among DOUGLAS J HERBEK, whose
<br />address is 409 BEACHWOOD DR, GRAND ISLAND, NE 68803 -3936 and TENA L HERBEK,
<br />whose address is 409 BEACHWOOD DR, GRAND ISLAND, NE 68803 -3936; HUSBAND AND
<br />WIFE ( "Trustor "); FIVE POINTS BANK OF HASTINGS , whose address is MAIN BANK, 2815
<br />OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary "); and Five Points Bank of Hastings, whose address is 2815 Osborne
<br />Drive West, Hastings, NE 68901 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />Lot Eleven (11), Westwood Park Eighth Subdivision, in the City of Grand Island, Hall
<br />County, Nebraska
<br />The Real Property or its address is commonly known as 409 BEACHWOOD DR, GRAND
<br />ISLAND, NE 68803 -3936.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust
<br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to
<br />Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commercial 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
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON
<br />THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of
<br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so
<br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage,
<br />treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental
<br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as
<br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event
<br />Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnity, defend, and
<br />hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of
<br />Trust. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction
<br />of this Deed of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br />
|