|
C„„
<br />G7 r�� ry
<br />r CJl
<br />ill
<br />rn
<br />_.3
<br />C7
<br />CJ
<br />fV
<br />c7 v,
<br />c�
<br />C 7r
<br />y r r7
<br />C0
<br />7C
<br />(/i
<br />0
<br />F\)
<br />CD
<br />C)
<br />CJl
<br />CD
<br />U
<br />00
<br />W
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />"Your Hometown Bank"
<br />2015 N. Broadwell
<br />P.O. Box 1507
<br />Grand Island N_E_68802 -1507 FOR RECORDER'S USE ONLY
<br />z
<br />0
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $130,000.00.
<br />THIS DEED OF TRUST is dated July 22, 2005, among CAROL J STAUSS, A SINGLE PERSON; MARK
<br />STAUSS, A MARRIED PERSON and TRACY L STAUSS, HIS SPOUSE ( "Trustor "); Five Points Bank, whose
<br />address is "Your Hometown Bank ", 2015 N. Broadwell, P.O. Box 1507, Grand Island, NE 68802 -1507
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose
<br />address is P.O Box 1507, Grand 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 />LOT FIFTEEN (15), COUNTRY MEADOWS SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 335 REDWOOD RD, GRAND ISLAND, NE 68803.
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower 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 Borrower
<br />or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and
<br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to
<br />repay such amounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $130,000.00.
<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, 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 />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN
<br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS
<br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
<br />ACCEPTED ON THE 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 />..:
<br />CnCD
<br />�*•�
<br />I"
<br />C
<br />rrI cA
<br />n 2
<br />Ul ��
<br />�
<br />Co
<br />rnnN
<br />W
<br />�
<br />_
<br />�
<br />V `
<br />V
<br />C„„
<br />G7 r�� ry
<br />r CJl
<br />ill
<br />rn
<br />_.3
<br />C7
<br />CJ
<br />fV
<br />c7 v,
<br />c�
<br />C 7r
<br />y r r7
<br />C0
<br />7C
<br />(/i
<br />0
<br />F\)
<br />CD
<br />C)
<br />CJl
<br />CD
<br />U
<br />00
<br />W
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />"Your Hometown Bank"
<br />2015 N. Broadwell
<br />P.O. Box 1507
<br />Grand Island N_E_68802 -1507 FOR RECORDER'S USE ONLY
<br />z
<br />0
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $130,000.00.
<br />THIS DEED OF TRUST is dated July 22, 2005, among CAROL J STAUSS, A SINGLE PERSON; MARK
<br />STAUSS, A MARRIED PERSON and TRACY L STAUSS, HIS SPOUSE ( "Trustor "); Five Points Bank, whose
<br />address is "Your Hometown Bank ", 2015 N. Broadwell, P.O. Box 1507, Grand Island, NE 68802 -1507
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose
<br />address is P.O Box 1507, Grand 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 />LOT FIFTEEN (15), COUNTRY MEADOWS SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 335 REDWOOD RD, GRAND ISLAND, NE 68803.
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower 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 Borrower
<br />or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and
<br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to
<br />repay such amounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $130,000.00.
<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, 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 />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN
<br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS
<br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
<br />ACCEPTED ON THE 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 />
|