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A <br />Ac <br />A <br />�i <br />I� <br />tr*'1 <br />H <br />n'1 <br />C <br />C^7 <br />M <br />N <br />p <br />nn <br />rn <br />= � <br />C <br />M CA <br />n <br />Z <br />R = <br />Ali <br />c7 c <br />C) .` <br />� r <br />rn <br />0 <br />0 <br />c= <br />F-� <br />CID <br />Cl1 <br />C) co <br />O ---4 <br />C D <br />rn <br />� CJ <br />© 'rl <br />D c=1 <br />r— ;10 <br />r— n <br />cr> <br />U) <br />rn <br />O <br />N <br />O <br />O <br />r _ <br />O R <br />CJ1 <br />s <br />Cn CD <br />s r' f' <br />Z <br />WHEN RECORDED MAIL TO: p <br />Five Points Bank <br />Kearney <br />1809 W. 39th Street <br />Kearney, NE 68847 FOR RECORDER'S USE ONLY <br />DEED OF TRUST -� <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $131,603.65. X11 <br />THIS DEED OF TRUST is dated May 24, 2004, among JEFFREY R PAIGE and KAILYN S PAIGE; HUSBAND I <br />AND WIFE ( "Trustor "); Five Points Bank, whose address is Kearney, 1809 W. 39th Street, Kearney, NE �G` <br />68847 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, <br />whose address is P.0 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 TWENTY -ONE (21), WESTROADS ESTATES FOURTH SUBDIVISION, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 4233 SPRINGVIEW DR, GRAND ISLAND, NE 68803. <br />The Real Property tax identification number is 400204924 <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 Borrower, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $126,959.00. <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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti- deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the <br />Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisions: <br />