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WHEN <br />FIVE P <br />MAIN BA <br />2815 OS <br />HASTIN S, <br />DED MAIL TO: frt i Ci2.�� - �"�� 1 C- <br />BANK OF HASTINGS C).. 'c 3 <br />liCkS4 S Ivy (0$ 102 <br />NE DRIVE WEST <br />E 68901 <br />1111 <br />11 <br />11 <br />11 <br />11 <br />11 <br />WI <br />I1 <br />111 <br />1 <br />11 <br />1111 <br />111111 <br />000000000000019723034002212018* <br />1 <br />11 <br />III <br />11 <br />rri <br />r77 <br />Cr) <br />111 <br />I I f111 <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 21, 2018, among GREGORY L SINNER, whose <br />address is 345 SUNSET DRIVE, DONIPHAN, NE 68832 and KATHRYN E SINNER, whose <br />address is 345 SUNSET DRIVE, DONIPHAN, NE 68832; HUSBAND AND WIFE ( "Trustor "); <br />FIVE POINTS BANK OF HASTINGS , whose address is MAIN BANK, 2815 OSBORNE DRIVE <br />WEST, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and Five Points Bank of Hastings, whose address is 2815 Osborne Drive West, <br />Hastings, NE 68902 -0055 (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 Twenty -Five (25), Amick Acres West Subdivision, Hall County, Nebraska, according to <br />the recorded plat thereof. <br />The Real Property or its address is commonly known as 345 SUNSET DRIVE, DONIPHAN, NE <br />68832. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving <br />line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the <br />Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that <br />the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or <br />variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts <br />expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the Credit <br />Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the <br />Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any <br />intermediate balance, <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 />EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS <br />GIVEN AND ACCEPTED ON 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 Credit Agreement, 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 indemnify, defend, and <br />