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n <br />M <br />r) <br />X <br />M <br />T <br />C <br />a Z <br />� v <br />r) f l <br />= D <br />M N <br />n = <br />X � <br />R <br />-„ <br />c� t: <br />R1 , <br />M <br />cn <br />O <br />C <br />a <br />a <br />Cn <br />(_n <br />c <br />z rn <br />--1 <br />O <br />O -r} <br />= rn <br />m m <br />r <br />r n <br />Cn <br />D <br />(n <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island. NE 68803 FOR RECORDER'S USE ONLY <br />co rn <br />N <br />a CD <br />CD a <br />F-' <br />a -� <br />CO <br />cn <br />N CCD <br />Cn <br />ca <br />ICIP <br />DEED OF TRUST `r <br />THIS DEED OF TRUST is dated July 30, 2001, among LARRY R HEMMETT and JUDY C HEMMETT, <br />HUSBAND AND WIFE ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Five Points Bank, whose address is P.O 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, State of <br />Nebraska: <br />LOT SEVEN (7) IN BLOCK NINETY SIX (96), ORIGINAL TOWN, NOW CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 616 E DIVISION, GRAND ISLAND, NE 68801. The <br />Real Property tax identification number is 400007886. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future <br />amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future advances (excluding <br />interest) exceed in the aggregate $65,000.00. <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 THIS DEED OF TRUST. THIS DEED OF TRUST IS 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 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. Real Property and collect the Rents. <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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust <br />remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make <br />such inspections and tests as 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 Trustor becomes liable for <br />cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless Lender against any and all claims and losses <br />