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WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand I l n NE 69903 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 $2,000,000.00. <br />THIS DEED OF TRUST is dated October 9, 2002, among DOUGLAS AXFORD, HUSBAND and SHEILA <br />AXFORD, WIFE ( "Truster"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand <br />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 <br />"Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee In treat, 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 stack in ufilifies with ditch or irrigation rights): and all other rights royalties and profits relating to the real property including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real broper(y') located in HALL County, late O <br />Nebraska: <br />LOT THREE (3) OF D R D SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 201 N WEBB RD, GRAND ISLAND, NE 68803 <br />CROSS- COLLATERALIZATION. In addition to the Nate, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, whether now <br />existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, <br />direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower or Truster may be liable <br />individually or jointly with ethers, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such <br />amounts may be or hereafter may become barred by any statute W limitations, and whether the obligation to repay such amounts may be or <br />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 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 $2,000,000.00. <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 present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Cod. secunty <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. Truster warrants that: (a) this Deed of Trust is executed at Borrower's request and not <br />at the request of Lender; (b) Truster has the full power, right, and authority to enter into this Dead 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 Truster and <br />do not result in a violation of any law, regulation, court decree or order applicable to Truster; (d) Truster 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 />Truster about Borrower ( including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any "one action" or 'ant 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 />r <br />= <br />m <br />N <br />c a <br />a <br />_^C <br />Z <br />c <br />N <br />C7 <br />JC <br />A A <br />`-i <br />—1 rn <br />° <br />to <br />m <br />n <br />N <br />x <br />yr <br />L+ <br />� <br />no <br />T <br />N <br />N <br />is <br />� <br />v Q <br />r <br />i <br />n <br />s <br />CID <br />J <br />N <br />Q'I <br />N <br />b <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand I l n NE 69903 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 $2,000,000.00. <br />THIS DEED OF TRUST is dated October 9, 2002, among DOUGLAS AXFORD, HUSBAND and SHEILA <br />AXFORD, WIFE ( "Truster"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand <br />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 <br />"Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Truster conveys to Trustee In treat, 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 stack in ufilifies with ditch or irrigation rights): and all other rights royalties and profits relating to the real property including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real broper(y') located in HALL County, late O <br />Nebraska: <br />LOT THREE (3) OF D R D SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 201 N WEBB RD, GRAND ISLAND, NE 68803 <br />CROSS- COLLATERALIZATION. In addition to the Nate, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, whether now <br />existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, <br />direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower or Truster may be liable <br />individually or jointly with ethers, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such <br />amounts may be or hereafter may become barred by any statute W limitations, and whether the obligation to repay such amounts may be or <br />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 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 $2,000,000.00. <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 present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Cod. secunty <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. Truster warrants that: (a) this Deed of Trust is executed at Borrower's request and not <br />at the request of Lender; (b) Truster has the full power, right, and authority to enter into this Dead 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 Truster and <br />do not result in a violation of any law, regulation, court decree or order applicable to Truster; (d) Truster 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 />Truster about Borrower ( including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Truster waives all rights or defenses arising by reason of any "one action" or 'ant 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 />