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.�.�. <br />M. <br />r■� <br />n <br />z <br />tea° <br />Cn <br />CTI <br />m <br />_ <br />00 �,.. <br />CU �� <br />a n <br />M (n <br />C') (f) <br />(D __q <br />C-_� <br />�M <br />O '°n <br />-n _z <br />r ri <br />C:J <br />cn <br />A <br />CD <br />ry <br />C] <br />CJr) <br />CIl <br />CD <br />co <br />WHEN RECORDED MAIL TO: 200505789 <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 68803 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 $60,000.00. <br />THIS DEED OF TRUST is dated June 21, 2005, among ROBERT W RUPP AND MARY ELLEN RUPP, HUSBAND <br />AND WIFE and JULANN ZILLER AND WILLIAM P ZILLER, HUSBAND AND WIFE ("Trustor"); Five Points Bank, <br />whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes <br />as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.0 Box 1507, Grand <br />Island, NE 68802 -1507 (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 />THE SOUTH 40 FEET OF THE NORTH 73.66 FEET OF THE WEST 132 FEET OF LOT SEVENTEEN (17), <br />HOME SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 1939 N BROADWELL AVE, GRAND ISLAND, NE <br />68803. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Note. <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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not 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 <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation 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 <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the <br />Note, this Deed of Trust, and the Related Documents. <br />Fry <br />r� <br />Z <br />O <br />rT' <br />13 <br />N <br />-�1 <br />C') (f) <br />(D __q <br />C-_� <br />�M <br />O '°n <br />-n _z <br />r ri <br />C:J <br />cn <br />A <br />CD <br />ry <br />C] <br />CJr) <br />CIl <br />CD <br />co <br />WHEN RECORDED MAIL TO: 200505789 <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 68803 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 $60,000.00. <br />THIS DEED OF TRUST is dated June 21, 2005, among ROBERT W RUPP AND MARY ELLEN RUPP, HUSBAND <br />AND WIFE and JULANN ZILLER AND WILLIAM P ZILLER, HUSBAND AND WIFE ("Trustor"); Five Points Bank, <br />whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes <br />as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.0 Box 1507, Grand <br />Island, NE 68802 -1507 (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 />THE SOUTH 40 FEET OF THE NORTH 73.66 FEET OF THE WEST 132 FEET OF LOT SEVENTEEN (17), <br />HOME SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 1939 N BROADWELL AVE, GRAND ISLAND, NE <br />68803. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Note. <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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not 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 <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation 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 <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the <br />Note, this Deed of Trust, and the Related Documents. <br />Fry <br />r� <br />Z <br />O <br />