|
N
<br />m
<br />C71 �—
<br />N
<br />CU
<br />W
<br />n
<br />M
<br />C)
<br />X70
<br />• W
<br />n
<br />c
<br />n zv.
<br />n N
<br />non
<br />n
<br />;
<br />.j..'
<br />>
<br />0
<br />'.'. �'
<br />Y•
<br />Sit
<br />� ..{i
<br />n
<br />_
<br />c'=
<br />rn
<br />rl
<br />(A
<br />��
<br />r
<br />Cr]
<br />tl�
<br />rr,
<br />I W
<br />o c�
<br />CZ)
<br />cn
<br />Cf7 q
<br />r\)
<br />CD
<br />W rt
<br />2
<br />,,, 1 v
<br />Ret. Env. T,,.,,,;
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island FLE68803 FOR RECORDER'S USE ONLY
<br />a]4:1offela 11"tI
<br />THIS DEED OF TRUST is dated June 9, 2005, among KEVIN J SCHULTE & HEATHER E SCHULTE, HUSBAND
<br />AND WIFE, AND ERIC A SCHULTE & ANGELA D SCHULTE, HUSBAND AND WIFE ( "Trustor "); Five Points
<br />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 (referred to below as "Trustee ").
<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 />LOT TWENTY NINE (29), INDIANHEAD SEVENTH SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as (INDIANHEAD DRIVE, GRAND ISLAND, NE 68803.
<br />The Real Property tax identification number is 400414538
<br />CROSS -COL LATERAL IZATION. In addition to the Note, this Deed of Trust secures all cbligations, debts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amcunt -- rn:�y be or hereafter may become otherwise unenforceable.
<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 (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 />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 (1) remain in possession and control of the Property;
<br />12) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable 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 />
|