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n n M <br />Pc c <br />'~ S D o ry Ca -4 o m <br />m N rn c a c <br />_ o <br />2 H <br />WHEN RECORDED MAIL TO: 200209302 rn <br />Five Points Rank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island, THE 68801 FOR 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 570,000.00. �y <br />THIS DEED OF TRUST is dated August 30, 2002, among COAD J MILLER and MARTINA P DOETSCH; <br />HUSBAND AND WIFE ( "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 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, Toaster conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustoi 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, ail, yas, geothermal and similar, matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />LOT TWO (2). ISLAND ACRES NUMBER FOUR (4), A SUBDIVISION IN THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 3125 W 15TH, GRAND ISLAND, NE. <br />CROSS- COLLATERALIZATION. In addition to the Nate, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Truster to Lender, or any one or more of them, as well as all claims by Lender against Truster or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unllquilated whether Theater <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may became otherwise unenforceable. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified In the Note, all <br />future amounts Lender In Its discretion may loan to Truster, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed In the aggregate $70,000.00. <br />Truster 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. Truster 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 THE NOTE, THE RELATED DOCUMENTS. AND 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. Truster 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 Tructor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Treater'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, Truster 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 />