|
<br />
<br /> t-~~~~ ("") (/"; I
<br /> I{~~'::"''') c::>
<br /> c..rl 0 .-.
<br /> "'..:.'''' C 1--
<br /> C.::> Z' _.J N
<br /> '-"J rrl
<br /> -~ -'j C) ?:
<br />. " ........( ",~~,\
<br />\..,: N C)
<br /> 0 ""T1
<br />I~~:;:' --..] -'['l I
<br />-"I", U1
<br />c.'" I
<br />".., c' -0 );,. (" ':} f--'
<br />f'Tl ::3 _0 C)
<br />fi:':'::; ~". r- 1...
<br />(,I' (. en 0")
<br /> i: -'- ;;><;
<br /> (, J'> CO
<br /> f--' --- --- ~
<br /> ...c (,I) --.J
<br /> (j)
<br />
<br />
<br />N
<br />IS) ;0
<br />IS) n ()
<br />CJ1 Q1 % )>
<br />~ c: m en
<br />IS) Z n :J:
<br />0> () A
<br />Q:) :I: n 0
<br />-..J m > (I)
<br /> n (I) .l:.
<br /> ;0;; ~
<br />
<br />'--
<br />
<br />WHEN RECORDED MAil TO:
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803
<br />
<br />:.
<br />~
<br />::z:
<br />;;!
<br />G')
<br />fI1
<br />-t
<br />~
<br />r-
<br />I'T1
<br />en
<br />rn
<br />::0
<br />:5
<br />n
<br />rn
<br />en
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />~
<br />
<br />THIS DEED OF TRUST is dated October 25. 2005. among TERRY WALTER. A Single Person ("Trustor"); Five
<br />Points Bank. whose address is West Branch. 2009 N. Diers Ave.. Grand Island, NE 68803 (referred to below
<br />sometimes as "lender" and sometimes as "Beneficiary"); and Five Points Bank. whose address is P.O Box
<br />1507. Grand Island. NE 68802-1507 (referred to below as "Trustee").
<br />
<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 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
<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, (the "Real Property") located in HAll
<br />County. State of Nebraska:
<br />
<br />lot Thirteen (13). Westwood Park 8th Subdivision. in the City of Grand Island, Hall County. Nebraska
<br />
<br />The Real Property or its address is commonly known as 4036 SANDALWOOD DR. GRAND ISLAND, NE
<br />68803-31 56.
<br />
<br />\~,
<br />C.
<br />
<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 />
<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 />
<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 />
<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 />
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor 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 />
<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 />
<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, (a) 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 />acknowledged by lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental laws. Trustor authorizes lender and its agents to enter upon the Property
<br />
|