Laserfiche WebLink
--C— m I n f1 <br />Q 0 P ` n Z <br />Z <br />A = <br />M <br />o O <br />0 <br />200002710 <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, is made as of the 6TH day of APRIL J4 2000 by and among o <br />. Z1_ <br />the Trustor, RIVERSIDE INVESTMENT, INC., A NEBRASKA CORPORATION a <br />whose mailing address is 1407 STAGECOACH RD. GRAND ISLAND NE 68801 (herein " Trustor", whether one or more), <br />the Trustee FIVE POINTS BANK, A NEBRASKA CORPORATION <br />whose mailing address is P 0 BOX 1507 GRAND ISLAND NE 68802 -1507 (herein "Trustee "), and <br />the Beneficiary, FIVE POINTS BANK <br />whose mailing address is 2015 N. BROADWELL AVE. , GRAND ISLAND NE 68803 (herein "Lender'). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />RIVERSIDE INVESTMENTS, INC. <br />(herein "Borrower," whether one or more) and the trust herein created, the receipt <br />of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real <br />property described as follows: <br />+ LOT NINE (9) IN BLOCK ONE (1) IN REPLAT OF RIVERSIDE ACRES, AN ADDITION <br />TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per- <br />sonal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equip- <br />ment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, includ- <br />ing replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and <br />all of the foregoing being referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agree- <br />ment dated APRIL 6, 2000 , having a maturity date of APRIL 10, 2005 <br />in the original principal amount of $ 195 , 000.00 , and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder pursuant <br />to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to <br />protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and <br />future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contin- <br />gent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that <br />secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />Trustor covenants and agrees with Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien creat- <br />ed hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to <br />Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or <br />other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", and <br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional <br />named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and <br />compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness <br />secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or <br />(iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any applications of proceeds to indebtedness shall not extend or postpone the due date <br />of any payments under the Note, or cure any default thereunder or hereunder. <br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient <br />sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against <br />the Property, (ii) the premiums on the property insurance required hereunder,and (iii) the premiums on any mortgage insurance <br />required by Lender. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall <br />promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deteriora- <br />tion of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer <br />or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly dis- <br />charge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property or any <br />part thereof. <br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter <br />NBC 3457 (Nonagricultural Deed) Rev. 5/96 <br />©1988 National Bank of Comme —Trust and Savings Association, Lincoln, Nebraska <br />v� <br />07 <br />Co --i <br />C > <br />M <br />=D <br />D <br />z <br />N <br />rn <br />0 <br />M <br />O <br />em> <br />O <br />m <br />O <br />O -n <br />O <br />m <br />n <br />—11 <br />_n M <br />= rn <br />C <br />=:) <br />O <br />U <br />SJ <br />D m <br />O <br />C o <br />M <br />ca <br />(� <br />a <br />ry- <br />a) <br />CD <br />Cn <br />z <br />0 <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, is made as of the 6TH day of APRIL J4 2000 by and among o <br />. Z1_ <br />the Trustor, RIVERSIDE INVESTMENT, INC., A NEBRASKA CORPORATION a <br />whose mailing address is 1407 STAGECOACH RD. GRAND ISLAND NE 68801 (herein " Trustor", whether one or more), <br />the Trustee FIVE POINTS BANK, A NEBRASKA CORPORATION <br />whose mailing address is P 0 BOX 1507 GRAND ISLAND NE 68802 -1507 (herein "Trustee "), and <br />the Beneficiary, FIVE POINTS BANK <br />whose mailing address is 2015 N. BROADWELL AVE. , GRAND ISLAND NE 68803 (herein "Lender'). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />RIVERSIDE INVESTMENTS, INC. <br />(herein "Borrower," whether one or more) and the trust herein created, the receipt <br />of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real <br />property described as follows: <br />+ LOT NINE (9) IN BLOCK ONE (1) IN REPLAT OF RIVERSIDE ACRES, AN ADDITION <br />TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per- <br />sonal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equip- <br />ment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, includ- <br />ing replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and <br />all of the foregoing being referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agree- <br />ment dated APRIL 6, 2000 , having a maturity date of APRIL 10, 2005 <br />in the original principal amount of $ 195 , 000.00 , and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder pursuant <br />to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to <br />protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and <br />future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contin- <br />gent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that <br />secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />Trustor covenants and agrees with Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien creat- <br />ed hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to <br />Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or <br />other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", and <br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional <br />named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and <br />compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness <br />secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or <br />(iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any applications of proceeds to indebtedness shall not extend or postpone the due date <br />of any payments under the Note, or cure any default thereunder or hereunder. <br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient <br />sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against <br />the Property, (ii) the premiums on the property insurance required hereunder,and (iii) the premiums on any mortgage insurance <br />required by Lender. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall <br />promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deteriora- <br />tion of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer <br />or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly dis- <br />charge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property or any <br />part thereof. <br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter <br />NBC 3457 (Nonagricultural Deed) Rev. 5/96 <br />©1988 National Bank of Comme —Trust and Savings Association, Lincoln, Nebraska <br />