Laserfiche WebLink
200405238 <br />k <br />M <br />m <br />y <br />o ---q <br />o <br />ccpp' <br />x 0 <br />{ <br />o <br />o <br />rT1 <br />`'- <br />-� <br />D <br />Z <br />I �` <br />° , <br />o N <br />7AC <br />T, <br />M ;I <br />r— A <br />� <br />cJt te'% <br />o <br />3 <br />ry CD <br />a� <br />U) <br />Z <br />WHEN RECORDED MAIL TO: cn <br />O <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST 5`s. S <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $55,000.00. <br />THIS DEED OF TRUST is dated May 14, 2004, among GERALD E DUNNING and BARBARA A DUNNING; <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 Five <br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />LOT SIX (6), IN BLOCK SIX (6), BONNIE BRAE ADDITION TO THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 1324 W 4TH, GRAND ISLAND, NE 68803. The Real <br />Property tax identification number is 400022249 <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all <br />future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $55,000.00. - <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 <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND 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 <br />this 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 <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 <br />governed 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; <br />(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 tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />