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91 <br />Z C: <br />Ui eA <br />I I D <br />E@ 7AC = <br />p1 <br />A <br />N <br />m <br />T r <br />o � <br />n t 3m � <br />F� <br />n � <br />O -1 <br />C D <br />� m <br />-< o <br />0 <br />-n z <br />w rn <br />r � <br />r r- <br />N <br />Y <br />N <br />N <br />O <br />N Co <br />o a <br />O <br />N <br />O H <br />Co <br />O7 CD <br />S <br />C2 <br />O <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. FOR RECORDER'S USE ONLY <br />Gran tl Islantl NE 68801 <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 13, 2002, among REYNOLDS & ZISKA INC; A NEBRASKA C4 <br />CORPORATION ( "Trustor "); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., <br />Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"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 rofits relating to the real property including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real broperty") ocated In HALL County, State of <br />Nebraska: <br />PARCEL 1: THE NORTH 81.5 FEET OF LOT ONE (1), BLOCK ONE HUNDRED THIRTY SIX (136), UNION <br />PACIFIC RAILWAY CO.'S SECOND ADDITION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />PARCEL 2: LOT SEVEN (7), BLOCK TWO (2), IN WIEBE'S ADDITION TO THE CITY OF GRAND <br />ISLAND,HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 121 E 9TH ST & 808 W LOUISE, GRAND ISLAND, <br />NE. <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 Properly 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 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 not <br />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 Property; (c) <br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and <br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />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 law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of <br />sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by <br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of <br />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 />