|
n
<br />2
<br />M
<br />n
<br />M
<br />T
<br />c
<br />Z
<br />n o
<br />D
<br />N
<br />nn
<br />s D
<br />M cn
<br />r) _
<br />7C
<br />MR
<br />(R
<br />Cn
<br />e W N W
<br />Ret. Env. I'C N
<br />WHEN RECORDED MAIL 0: 200407133
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 14, 2004, among GARY R REZAC and ROBERTA M REZAC; Husband
<br />and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island,
<br />NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points
<br />Bank, 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 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 />See Attached Exhibit A.
<br />The Real Property or its address is commonly known as 8574 S 60TH RD, ALDA, NE 68810 -9661.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit,
<br />which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such
<br />advances may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any
<br />one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any
<br />temporary overages, other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit
<br />Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance
<br />outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Deed of Trust and any
<br />intermediate 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 />CD
<br />a
<br />fA
<br />N
<br />N
<br />r-.
<br />C
<br />CD
<br />E�
<br />c'v
<br />CZ::m).
<br />n vi
<br />O
<br />Co —1
<br />\ i\
<br />fV
<br />z
<br />O
<br />o
<br />O
<br />O
<br />m
<br />r—
<br />--.7
<br />C,
<br />f— D
<br />v'
<br />O
<br />:�K
<br />►-�
<br />Cn
<br />e W N W
<br />Ret. Env. I'C N
<br />WHEN RECORDED MAIL 0: 200407133
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 14, 2004, among GARY R REZAC and ROBERTA M REZAC; Husband
<br />and Wife ( "Trustor "); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island,
<br />NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points
<br />Bank, 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 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 />See Attached Exhibit A.
<br />The Real Property or its address is commonly known as 8574 S 60TH RD, ALDA, NE 68810 -9661.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit,
<br />which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such
<br />advances may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any
<br />one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any
<br />temporary overages, other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit
<br />Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance
<br />outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Deed of Trust and any
<br />intermediate 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 />CD
<br />a
<br />fA
<br />N
<br />N
<br />r-.
<br />C
<br />CD
<br />E�
<br />
|