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Z) . �. 3, <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $35,000.00. <br />THIS DEED OF TRUST is dated February 27, 2001, among CENTRAL PROPERTIES INC, A NEBRASKA <br />CORPORATION ( "Trustor "); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., <br />Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and <br />Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"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 includingg <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, §tate Of <br />Nebraska: <br />LOT THREE (3) IN BLOCK TWENTY TWO (22) OF NAGY'S ADDITON TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA, AND ITS COMPLEMENT IN NAGY'S RESERVE, EXCEPTING THE EASTERLY <br />36.6 FEET THEREOF. <br />The Real Property or its address is commonly known as 407 E 6TH, GRAND ISLAND, NE 68801. <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 Borrower so long as Borrower <br />complies 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not <br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) <br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and <br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti— deficiency" law, or any other law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of <br />sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by <br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of <br />Trust, and the Related Documents. <br />O <br />N CID <br />O <br />O <br />F—� C* <br />O � <br />t-• <br />rn <br />rn CD <br />co <br />a <br />,u <br />M <br />z <br />T <br />n <br />rn <br />U <br />Zn <br />(n <br />o --i <br />C D <br />rn (n <br />_3 <br />z -A <br />,e <br />M <br />_a <br />rn <br />M <br />"'� o <br />Q, <br />o 'TI <br />CD <br />C.I1 <br />-Ty 7 <br />z rn <br />M <br />n Cn <br />M <br />i <br />r— :;a <br />Gn <br />� <br />vi <br />t� <br />u> <br />Cn <br />Z) . �. 3, <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $35,000.00. <br />THIS DEED OF TRUST is dated February 27, 2001, among CENTRAL PROPERTIES INC, A NEBRASKA <br />CORPORATION ( "Trustor "); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., <br />Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and <br />Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"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 includingg <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, §tate Of <br />Nebraska: <br />LOT THREE (3) IN BLOCK TWENTY TWO (22) OF NAGY'S ADDITON TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA, AND ITS COMPLEMENT IN NAGY'S RESERVE, EXCEPTING THE EASTERLY <br />36.6 FEET THEREOF. <br />The Real Property or its address is commonly known as 407 E 6TH, GRAND ISLAND, NE 68801. <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 Borrower so long as Borrower <br />complies 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not <br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) <br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and <br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti— deficiency" law, or any other law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of <br />sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by <br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of <br />Trust, and the Related Documents. <br />O <br />N CID <br />O <br />O <br />F—� C* <br />O � <br />t-• <br />rn <br />rn CD <br />co <br />a <br />