|
fn
<br />rn
<br />n g
<br />�L.
<br />M
<br />M
<br />ea
<br />0
<br />s
<br />c
<br />w
<br />I—'
<br />.
<br />i—'
<br />s
<br />ca -�
<br />C D
<br />z 'm
<br />�a
<br />o
<br />S -r}
<br />r �
<br />r n
<br />a
<br />Cn
<br />U)
<br />0
<br />N
<br />0
<br />Q
<br />CID
<br />Q
<br />s
<br />0P.QED MAIL TO:
<br />eoeva:state.
<br />`Kearney Branph
<br />3720 2nd Ave.
<br />Kearney, NE 68847 FOR RECORDER'S USE ONLY
<br />fTt
<br />fib
<br />PQ
<br />CL
<br />4-
<br />cv
<br />Z
<br />Q
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated August 20, 2004, among John P. Bellamy and Bonnie S. Bellamy, whose a
<br />address is 15283 W Nebr. Hwy 2, Cairo, NE 68824; Husband and Wife ("Trustor"); Geneva State Bank,
<br />whose address is Kearney Branch, 3720 2nd Ave., Kearney, NE 68847 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary "); and GENEVA STATE BANK, whose address is P.O. Box 313,
<br />Geneva, NE 68361 (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 />A tract of land comprising a part of the NE 1/4 of Section 23, Township 12 North, Range 12 West of the
<br />6th P.M., Hall County, Nebraska, and more particularly described as follows:
<br />First to ascertain the point of beginning, start at the Northwest corner of said NE 1/4; thence running
<br />easterly, along an upon the North line of said NE 1/4, a distance of 905.32 feet; thence deflecting right 910
<br />42' 58" and running southerly, a distance of 74.23 feet to a point on the southerly right of way line of
<br />State Highway No. 2 (as described in Warranty Deed 95- 102715, Hall County Register of Deeds Office),
<br />said point also being the actual point of beginning; thence continuing southerly, along and upon the
<br />previously course, a distance of 2,047.96 feet; thence deflecting left 89° 21' 13" and running easterly, a
<br />distance of 252.29 feet; thence deflecting left 910 14' 23" and running northerly, a distance of 1,570.53
<br />feet; thence deflecting right 910 30' 35" and running easterly, a distance of 419.71 feet; thence deflecting
<br />left 911 39' 06" and running northerly, a distance of 465.17 feet to a point on said southerly highway right
<br />of way line, said point being 115.59 feet South of (as measured along and upon said previously described
<br />course) the North line of said NE 1/4; thence deflecting left 910 52' 45" and running westerly, along and
<br />upon said southerly highway right of way line, a distance of 52.69 feet; thence deflecting right 080 14' 44"
<br />and running westerly along and upon said southerly highway right of way line, a distance of 302.03 feet;
<br />thence deflecting left 060 39' 16" and running westerly, along and upon said southerly highway right of
<br />way line, a distance of 296.54 feet to the actual point of beginning.
<br />The Real Property or its address is commonly known as 15283 W Nebr. Hwy 2, Cairo, NE 68824. The Real
<br />Property tax identification number is 400193906
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
<br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may
<br />be 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 overabes,
<br />other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the
<br />Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit
<br />Agreement from time to time from zero up to the Credit Limit as provided in this Deed of Trust and any 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
<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 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
<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 Credit
<br />Agreement, this 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 good 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
<br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release
<br />of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the
<br />Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this
<br />rn s»
<br />I
<br />�L.
<br />M
<br />M
<br />ea
<br />0
<br />s
<br />c
<br />w
<br />I—'
<br />.
<br />i—'
<br />s
<br />ca -�
<br />C D
<br />z 'm
<br />�a
<br />o
<br />S -r}
<br />r �
<br />r n
<br />a
<br />Cn
<br />U)
<br />0
<br />N
<br />0
<br />Q
<br />CID
<br />Q
<br />s
<br />0P.QED MAIL TO:
<br />eoeva:state.
<br />`Kearney Branph
<br />3720 2nd Ave.
<br />Kearney, NE 68847 FOR RECORDER'S USE ONLY
<br />fTt
<br />fib
<br />PQ
<br />CL
<br />4-
<br />cv
<br />Z
<br />Q
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated August 20, 2004, among John P. Bellamy and Bonnie S. Bellamy, whose a
<br />address is 15283 W Nebr. Hwy 2, Cairo, NE 68824; Husband and Wife ("Trustor"); Geneva State Bank,
<br />whose address is Kearney Branch, 3720 2nd Ave., Kearney, NE 68847 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary "); and GENEVA STATE BANK, whose address is P.O. Box 313,
<br />Geneva, NE 68361 (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 />A tract of land comprising a part of the NE 1/4 of Section 23, Township 12 North, Range 12 West of the
<br />6th P.M., Hall County, Nebraska, and more particularly described as follows:
<br />First to ascertain the point of beginning, start at the Northwest corner of said NE 1/4; thence running
<br />easterly, along an upon the North line of said NE 1/4, a distance of 905.32 feet; thence deflecting right 910
<br />42' 58" and running southerly, a distance of 74.23 feet to a point on the southerly right of way line of
<br />State Highway No. 2 (as described in Warranty Deed 95- 102715, Hall County Register of Deeds Office),
<br />said point also being the actual point of beginning; thence continuing southerly, along and upon the
<br />previously course, a distance of 2,047.96 feet; thence deflecting left 89° 21' 13" and running easterly, a
<br />distance of 252.29 feet; thence deflecting left 910 14' 23" and running northerly, a distance of 1,570.53
<br />feet; thence deflecting right 910 30' 35" and running easterly, a distance of 419.71 feet; thence deflecting
<br />left 911 39' 06" and running northerly, a distance of 465.17 feet to a point on said southerly highway right
<br />of way line, said point being 115.59 feet South of (as measured along and upon said previously described
<br />course) the North line of said NE 1/4; thence deflecting left 910 52' 45" and running westerly, along and
<br />upon said southerly highway right of way line, a distance of 52.69 feet; thence deflecting right 080 14' 44"
<br />and running westerly along and upon said southerly highway right of way line, a distance of 302.03 feet;
<br />thence deflecting left 060 39' 16" and running westerly, along and upon said southerly highway right of
<br />way line, a distance of 296.54 feet to the actual point of beginning.
<br />The Real Property or its address is commonly known as 15283 W Nebr. Hwy 2, Cairo, NE 68824. The Real
<br />Property tax identification number is 400193906
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
<br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may
<br />be 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 overabes,
<br />other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the
<br />Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit
<br />Agreement from time to time from zero up to the Credit Limit as provided in this Deed of Trust and any 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
<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 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
<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 Credit
<br />Agreement, this 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 good 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
<br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release
<br />of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the
<br />Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this
<br />
|