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n <br />T <br />C <br />Z <br />Nv <br />=n n <br />A = <br />V\ <br />C7) ('Ti <br />N <br />CD <br />CD <br />o C=. <br />N y <br />CD S. <br />F—+ C* <br />S 4 <br />C <br />C)O <br />co <br />CJl <br />WHEN RECORDED MAIL TO: J <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island. NE 68803 __. _ FOR RECORDER'S USE ONLY IZA <br />ebi <br />DEED OF TRUST V\ <br />G <br />THIS DEED OF TRUST is dated January 29, 2002, among MARK D STELK A MARRIED PERSON and WANDA <br />STELK, HIS SPOUSE ( "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 FOUR (4) OF PRENSA LATINA SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as 402 W 3RD, GRAND ISLAND, NE 68801 <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster'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 THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN <br />THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT <br />CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF <br />DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL <br />ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING <br />TERMS: <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 />theProperty shall be 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 />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 />N <br />O -- <br />�l <br />c D <br />T <br />fn <br />= m <br />r <br />:3 <br />r s <br />r 2> <br />co <br />CD <br />N <br />y <br />CC, <br />Cn <br />Cn <br />C7) ('Ti <br />N <br />CD <br />CD <br />o C=. <br />N y <br />CD S. <br />F—+ C* <br />S 4 <br />C <br />C)O <br />co <br />CJl <br />WHEN RECORDED MAIL TO: J <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island. NE 68803 __. _ FOR RECORDER'S USE ONLY IZA <br />ebi <br />DEED OF TRUST V\ <br />G <br />THIS DEED OF TRUST is dated January 29, 2002, among MARK D STELK A MARRIED PERSON and WANDA <br />STELK, HIS SPOUSE ( "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 FOUR (4) OF PRENSA LATINA SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as 402 W 3RD, GRAND ISLAND, NE 68801 <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster'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 THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN <br />THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT <br />CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF <br />DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL <br />ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING <br />TERMS: <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 />theProperty shall be 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 />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 />