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T ?' <br />n i N G on (n <br />c a c <br />a p � z� N <br />jL N z N H <br />2 In ti <br />icin <br />Ad 3 N o m <br />Y <br />H's a <br />WHEN RECORDED MAIL TO: 290208.450 N oa o <br />Five Prior. Bank <br />North Branch <br />2015 North Stonewall <br />O e l l tl N 88003 FOfl RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 4130,000.00. <br />THIS DEED OF TRUST is dated August 10, 2002, among STEVEN PATTERSON and KELLI PATTERSON; (: <br />HUSBAND AND WIFE ( "Truster "); 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 />Paints 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, Truster convey. to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Truster'. 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 fixmras; 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 ri hts, royalties, and profits relating m the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (tie "Real Property ") located in HALL <br />County, State of Nebraska: <br />LOT NINE (9), BLOCK TWO (2), PLEASANT VIEW TWELFTH SUBDIVISION, IN THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 803 E SOUTH ST, GRAND ISLAND, NE 68801. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust scource. in addition to the amounts specified In the Note, all <br />future amounts Lender in Its discretion may loan to Sorroweq together with .11 interest thereon; however, in no event shall such future <br />advances b.d.d'mg interest) as ... din the aggregate $130.000.00. <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, Truster grams 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 THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT <br />OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF <br />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN <br />DATE HEREWITH, ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND <br />ACCEPTED ON THE FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Truster has the full power, right, and authority to enter into this need of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Truster and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Truster has <br />established ad.quate means of obtaining hmn Borrower on a continuing basis information about Borrower's financial condition; and fa7 <br />Lender has made no representation to Truster 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 <br />law which may prevent Lender from bringing any action against Truster, Including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lander's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of .ale. <br />PAYMENT AND PERFORMANCE. E ... pt as otherwise Provided in this Dead of Trust, Borrower shall pay to Lender all Indebtedness <br />