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 />
|