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<br />C FIVE POINTS BANK OF HASTINGS a Division Of 2OO2O73.24
<br />n Hometown Bank
<br />M MAIN BANK
<br />U) 2815 OSBORNE DRIVE WEST
<br />HASTINGS, NE 68901 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 11, 2002, among JUAN RICO; A SINGLE PERSON ( "Truster" ); F BANK OF HASTINGS a Division of Hometown Bank, whose address is MAIN BANK, 2815 OSBORNE
<br />DRIVE WEST, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Five Points Bank of Hastings, a Division of Hometown Bank, whose address is P.O Box
<br />55, Hastings, NE 68902 -0055 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Truslor's right, title, and interest in and to the fallowing 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, Including
<br />without limitation en minerals, oil, gas, geothermal and similar matters, (the "Real Propet�(y") OCated in HALL County, State of
<br />Nebraska:
<br />The South Fifty (50) feet of the North One Hundred Eighty -Two (182) feet of that part of the North Ten
<br />(10) acres of the West half of the Northwest Quarter (W1 /2N III of Section Ten (10), Township
<br />Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska,
<br />described as follows:
<br />Beginning at a point on the North line of said Section 10, a distance of 1188.00 feet West of the
<br />Northeast corner of the West half of the Northwest Quarter (W112 NW 114) of said Section; running
<br />thence South parallel to the East line of said West Half of the Northwest Quarter (WI/2 NW114) of said
<br />Section for a distance of 331.0 feet; running then West parallel to the North line of said Section 10, a
<br />distance of 134.7 feet, more or less, to a point on the West line of Section 10; running thence North
<br />upon and along said West Section line for a distance of 331.0 feet to the Northwest corner of said
<br />Section 10; running thence East upon and along the North line of said Section 10 for a distance of 133.9
<br />feet, more or less, to the Actual Point of Beginning
<br />The Real Property or its address is commonly known as 1729 NORTH ST. PAUL ROAD, GRAND ISLAND,
<br />NE 68801. The Real Property tax identification number is 400205963
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future advances
<br />(excluding interest) exceed in the aggregate $35,000.00.
<br />Truster 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 present
<br />and future leases of the Property and all Rents from the Properly. In addition, Truster grants to Lender a Uniform Commercial Code security
<br />interest in the Personal Property and Henn.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, 15 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 IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S WAIVERS. Truster 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 Truster, 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 Truster 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 Truster agree that Borrower's and Truster's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the Occurrence of an Event of Default, Truster 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. Truster shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance
<br />necessary to preserve its value.
<br />Hazardous Substances. Truster 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. Truster 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 />Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Truster becomes liable for
<br />cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless Lender against any and all claims and losses
<br />resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the Indebtedness
<br />and the satisfaction of this Deed of Trust.
<br />DUE ON SALE — CONSENT BY LENDER. Lender may, at Lender's Option, declare immediately due and payable all sums secured by this Deed
<br />of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property.
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