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m t4. <br />0 <br />C <br />N <br />Tr <br />S <br />0 <br />3 <br />O <br />T <br />nnO <br />WHEN RECORDED MAIL TO: 'fl' Z .3 II <br />Five Points Bank - <br />North Branch <br />2ot5 Nonh Broarnvell 3 FOR RECORDER'S USE ONLY <br />9 <br />� N <br />y -y <br />c M <br />� m <br />� o <br />o m <br />T T. <br />rim <br />r <br />r n <br />D <br />N <br />N <br />o Pn' <br />rn, <br />N � ' <br />N <br />I <br /><O i <br />irT <br />0 <br />DEED OF TRUST,,- <br />- - <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $300,000.00. X11 <br />THIS DEED OF TRUST is dated December 3, 2002, among KENNETH E. SHUDA; A SINGLE PERSON <br />( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />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 conveys to Trustee intrust, WITH POWER OF SALE, for the benefit or <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, improvement and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and ?rofits relating to the real property, incl udi ng <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') ocated in HALL County, State O <br />Nebraska: <br />LOT EIGHT (8), WESTWOOD PARK 7TH SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as 408 & 410 REDWOOD CIRCLE, GRAND ISLAND, <br />NE 68803. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />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, whether now existng <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or Otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with <br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter <br />may became barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenfarcemb. <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 Truster, together with all interest thereon; however, in no event shall such future advances (excluding <br />interest) exceed in the aggregate $300,000.00. <br />Truster 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 present <br />and future leases of the Property and all Rents from the Property. In addition, 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 (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 />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN <br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED <br />DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST <br />IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Trustor shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shell strictly and in a timely manner perform all of Truster's obligations under the Nate, this Deed of Trust, <br />and the Related Documents. <br />:O <br />r <br />2 <br />D <br />s <br />m <br />X <br />a <br />cn <br />S <br />z <br />N <br />x <br />= <br />m t4. <br />0 <br />C <br />N <br />Tr <br />S <br />0 <br />3 <br />O <br />T <br />nnO <br />WHEN RECORDED MAIL TO: 'fl' Z .3 II <br />Five Points Bank - <br />North Branch <br />2ot5 Nonh Broarnvell 3 FOR RECORDER'S USE ONLY <br />9 <br />� N <br />y -y <br />c M <br />� m <br />� o <br />o m <br />T T. <br />rim <br />r <br />r n <br />D <br />N <br />N <br />o Pn' <br />rn, <br />N � ' <br />N <br />I <br /><O i <br />irT <br />0 <br />DEED OF TRUST,,- <br />- - <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $300,000.00. X11 <br />THIS DEED OF TRUST is dated December 3, 2002, among KENNETH E. SHUDA; A SINGLE PERSON <br />( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />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 conveys to Trustee intrust, WITH POWER OF SALE, for the benefit or <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, improvement and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and ?rofits relating to the real property, incl udi ng <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') ocated in HALL County, State O <br />Nebraska: <br />LOT EIGHT (8), WESTWOOD PARK 7TH SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as 408 & 410 REDWOOD CIRCLE, GRAND ISLAND, <br />NE 68803. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />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, whether now existng <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or Otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with <br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter <br />may became barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenfarcemb. <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 Truster, together with all interest thereon; however, in no event shall such future advances (excluding <br />interest) exceed in the aggregate $300,000.00. <br />Truster 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 present <br />and future leases of the Property and all Rents from the Property. In addition, 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 (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 />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN <br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED <br />DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST <br />IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Trustor shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shell strictly and in a timely manner perform all of Truster's obligations under the Nate, this Deed of Trust, <br />and the Related Documents. <br />