|
I�L. LJyjl//'
<br />r G
<br />a
<br />m
<br />n
<br />r
<br />Five Points Bank
<br />South Branch
<br />3111 W. Stolle, Pk. Rd.
<br />Grand Island, NE 68801
<br />FOR RECORDER'S USE ONLY
<br />n
<br />n
<br />Z
<br />n
<br />i
<br />o
<br />��
<br />=
<br />Pnc
<br />N
<br />o
<br />O
<br />9
<br />S
<br />z
<br />T
<br />N
<br />a
<br />F✓
<br />r
<br />(D
<br />CJl
<br />C
<br />N
<br />v
<br />�
<br />W
<br />Cn
<br />I�L. LJyjl//'
<br />r G
<br />/✓�" z)
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />South Branch
<br />3111 W. Stolle, Pk. Rd.
<br />Grand Island, NE 68801
<br />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 $150,000.00.
<br />THIS DEED OF TRUST is dated October 2, 2002, among KATHLEEN L SHONSEY AND MATTHEW SHONSEY,
<br />WIFE AND HUSBAND ( "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 "1.
<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 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, oil, gas, geothermal and similar matters, Ithe "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />LOT TWO (2). IN KENMARE SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 2612 PIONEER BLVD, GRAND ISLAND, NE 68801.
<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 Trustor, together with all interest thereon; however, in no event shall such future
<br />advances (excluding interest) exceed in the aggregate $150,000.00.
<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
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor 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 1B1 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, Trustor 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 Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor'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, Trustor may (I ) 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 />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, Is) `any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />l
<br />
|