|
rn
<br /> r
<br /> co
<br /> rri
<br /> N.)
<br /> s c n CD_ n z '
<br /> IT-
<br /> eio CD
<br /> `'' N ,:7
<br /> r`r`i CJ1 cra F—
<br /> WHEN RECORDED MAIL TO:
<br /> FIVE POINTS BANK OF HASTINGS
<br /> MAIN BANK
<br /> 2815 OSBORNE DRIVE WEST
<br /> HASTINGS, NE 68901 FOR RECORDER'S USE ONLY
<br /> 11111011101110111011 II II I II I II II II I II II 1 1 1 1 1 1 1 11111111111111 11 11 I I II II I I 111111110100 I IIII I II G a
<br /> *000000000000019817034004032018" Q U
<br /> DEED OF TRUST � .
<br /> THIS DEED OF TRUST is dated April 3, 2018, among MARY ANN KARR, whose address is
<br /> 1231 SAUNDERS AVE, HASTINGS, NE 68901; A SINGLE PERSON ("Trustor"); FIVE POINTS
<br /> BANK OF HASTINGS , whose address is MAIN BANK, 2815 OSBORNE DRIVE WEST,
<br /> 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 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 /> The Westerly Fifty-Seven (57) Feet of Lot Twenty-Four (24), and the Easterly Seventeen
<br /> (17) Feet of Lot Twenty-Three (23), in Block Ten (10), Parkhill Third Subdivision, an
<br /> Addition to the City of Grand Island, Hall County, Nebraska.
<br /> The Real Property or its address is commonly known as 2410 W PHOENIX AVE, GRAND
<br /> ISLAND, NE 68801.
<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 indemnify, 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 />
|