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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 s <br />0 <br />THIS DEED OF TRUST is dated June 6, 2001, among LINCO REAL ESTATE PARTNERS ( "Trustor "); Five <br />Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand Island, NE 68801 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose address is <br />P.0 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, hate o <br />Nebraska: <br />ALL OF LOTS TWENTY -TWO (22), TWENTY -THREE (23) AND TWENTY -FOUR (24), ALL IN BLOCK <br />THREE (3), IN SOUTHERN ACRES, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA, BEING A PART OF THE NORTHEAST QUARTER OF SECTION TWENTY -EIGHT (28), IN <br />TOWNSHIP ELEVEN (11) NORTH, OF RANGE NINE (9) WEST OF THE SIXTH PRINCIPAL MERIDIAN <br />The Real Property or its address is commonly known as 2508 & 2512 S CHANTICLEER, GRAND ISLAND, <br />NE. The Real Property tax identification number is 400093472. <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, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with <br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter <br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. <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 />M <br />S D <br />n <br />T <br />Z <br />v <br />O <br />C') (J) <br />CD <br />rn <br />(A <br />= <br />N <br />O <br />� \ <br />t <br />-< r*1 <br />CL <br />O <br />gr <br />r <br />C? <br />y <br />� <br />X <br />3 <br />CD <br />CD <br />(n <br />N Q <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 s <br />0 <br />THIS DEED OF TRUST is dated June 6, 2001, among LINCO REAL ESTATE PARTNERS ( "Trustor "); Five <br />Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand Island, NE 68801 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose address is <br />P.0 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, hate o <br />Nebraska: <br />ALL OF LOTS TWENTY -TWO (22), TWENTY -THREE (23) AND TWENTY -FOUR (24), ALL IN BLOCK <br />THREE (3), IN SOUTHERN ACRES, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA, BEING A PART OF THE NORTHEAST QUARTER OF SECTION TWENTY -EIGHT (28), IN <br />TOWNSHIP ELEVEN (11) NORTH, OF RANGE NINE (9) WEST OF THE SIXTH PRINCIPAL MERIDIAN <br />The Real Property or its address is commonly known as 2508 & 2512 S CHANTICLEER, GRAND ISLAND, <br />NE. The Real Property tax identification number is 400093472. <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, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with <br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter <br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. <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 />