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DEED OF TRUST <br />9�rc Ub <br />THIS DEED OF TRUST is dated May 3, 2004, among GARY C TREPTOW and BEVERLY J TREPTOW, whose <br />address is 114 ASTEROID CT, ALDA, NE 68810 -9749 ( "Trustor "); Five Points Bank, whose address is West <br />Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary "); and (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, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, State of <br />Nebraska: <br />Lots Nineteen (19) and Twenty (20), Argo Third Subdivision in the Village of Alda, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 114 ASTEROID CT, ALDA, NE 68810 -9749. <br />REVOLVING LINE OF CREDIT. Specifically, without limitation, this Deed of Trust secures a revolving line of credit, which obligates <br />Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may be <br />made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not <br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary <br />overages, other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as <br />provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding <br />under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Deed of Trust and any intermediate <br />balance. <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 EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER 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 Credit Agreement, this <br />Deed of Trust, 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 good condition and promptly perform all repairs, replacements, and maintenance <br />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 />n n <br />mr+ <br />rn N <br />rn <br />Z <br />C) <br />o <br />rV <br />= <br />n <br />LV <br />Z m <br />� <br />-c <br />N <br />F_A <br />° -*i <br />O <br />fv <br />Tl <br />s <br />O <br />O <br />r7 "1 <br />D <br />O <br />M <br />r <br />Cf) <br />CO <br />h—' <br />W rh <br />Ret. Env. Kath, <br />� <br />o <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />West Branch <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />9�rc Ub <br />THIS DEED OF TRUST is dated May 3, 2004, among GARY C TREPTOW and BEVERLY J TREPTOW, whose <br />address is 114 ASTEROID CT, ALDA, NE 68810 -9749 ( "Trustor "); Five Points Bank, whose address is West <br />Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary "); and (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, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, State of <br />Nebraska: <br />Lots Nineteen (19) and Twenty (20), Argo Third Subdivision in the Village of Alda, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 114 ASTEROID CT, ALDA, NE 68810 -9749. <br />REVOLVING LINE OF CREDIT. Specifically, without limitation, this Deed of Trust secures a revolving line of credit, which obligates <br />Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may be <br />made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not <br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary <br />overages, other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as <br />provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding <br />under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Deed of Trust and any intermediate <br />balance. <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 EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER 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 Credit Agreement, this <br />Deed of Trust, 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 good condition and promptly perform all repairs, replacements, and maintenance <br />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 />