|
WHEN RECORDED MAIL TO:
<br />First State Bank and Trust Company
<br />1005 East 23rd Street
<br />PO Box 549
<br />Fremont, NE 69026-0549 FOR RECORDER'S E ONLY
<br />DEED OF TRUST �s
<br />THIS DEED OF TRUST is dated October 30, 2002, among SUSAN LINSCHEID AND MELVIN WAYNE �G
<br />LINSCHEID, WIFE AND HUSBAND , AND THE SUSAN L. LINSCHEID TRUST, whose address is P.O.BOX
<br />1217, LITTLETON, CO 80160. ( "Trustor" ); First State Bank and Trust Company, whose address is 1005 East
<br />23rd Street, PO Box 549, Fremont, NE 68026 -0549 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"); and FIRST STATE BANK AND TRUST COMPANY, whose address is 1005 EAST
<br />23RD STREET, FREMONT, -NE 68025 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, far 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 afixed 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 inflation rights); and all other rights, royalties, antl profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property) located In HALL County, State O
<br />Nebraska:
<br />PART OF THE EAST 1/2 HALF OF THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST QUARTER OF
<br />SECION 4, TOWNSHIP 11 NORTH, RANGE 9 WEST, OF THE 6TH PM, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 518 CAPITAL AVE, GRAND ISLAND , NE 68826.
<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 present
<br />and future lasses of the Property and all Rents from the Property. In eddifion, Truster grants to Lender a Uniform Commercial Code security
<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 (S) 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. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not
<br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed 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 Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor 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 />Trustor about Borrower (including without Iimitatch 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 law
<br />which may prevent Lender from bringing any action against Trustor, 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 Dead of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />this Dead of Trust as it becomes due, and Borrower and Trustor 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 Trustor agree that Borrower's and Trustor'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, Trustor 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 />Y 9N�;
<br />M
<br />T
<br />S
<br />D
<br />11 0,
<br />°
<br />o
<br />'
<br />ro
<br />7,
<br />pinn
<br />f
<br />7
<br />N
<br />WHEN RECORDED MAIL TO:
<br />First State Bank and Trust Company
<br />1005 East 23rd Street
<br />PO Box 549
<br />Fremont, NE 69026-0549 FOR RECORDER'S E ONLY
<br />DEED OF TRUST �s
<br />THIS DEED OF TRUST is dated October 30, 2002, among SUSAN LINSCHEID AND MELVIN WAYNE �G
<br />LINSCHEID, WIFE AND HUSBAND , AND THE SUSAN L. LINSCHEID TRUST, whose address is P.O.BOX
<br />1217, LITTLETON, CO 80160. ( "Trustor" ); First State Bank and Trust Company, whose address is 1005 East
<br />23rd Street, PO Box 549, Fremont, NE 68026 -0549 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"); and FIRST STATE BANK AND TRUST COMPANY, whose address is 1005 EAST
<br />23RD STREET, FREMONT, -NE 68025 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, far 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 afixed 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 inflation rights); and all other rights, royalties, antl profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property) located In HALL County, State O
<br />Nebraska:
<br />PART OF THE EAST 1/2 HALF OF THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST QUARTER OF
<br />SECION 4, TOWNSHIP 11 NORTH, RANGE 9 WEST, OF THE 6TH PM, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 518 CAPITAL AVE, GRAND ISLAND , NE 68826.
<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 present
<br />and future lasses of the Property and all Rents from the Property. In eddifion, Truster grants to Lender a Uniform Commercial Code security
<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 (S) 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. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not
<br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed 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 Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor 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 />Trustor about Borrower (including without Iimitatch 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 law
<br />which may prevent Lender from bringing any action against Trustor, 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 Dead of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />this Dead of Trust as it becomes due, and Borrower and Trustor 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 Trustor agree that Borrower's and Trustor'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, Trustor 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 />Y 9N�;
<br />
|