|
<br />
<br /> ;:0 n ~
<br /> !:R :J:
<br /> m U'>
<br /> c: n ~
<br />() z "" I
<br />J: nO f
<br />." >$!>>
<br />n c.n
<br />~ :J:
<br />
<br />
<br />
<br /> '!".......")
<br /> ~':'~ ,.,) 0 UJ iT]
<br /> c.;::-.,
<br /> c..r; a "--l <:::> ::s
<br /> c: );~ f'0 Cl
<br /> ... Z .n~
<br /> I ::~:_-=:J --I t ' ~ fl
<br />! . '~ (,"== ..< 0
<br />l..J C)
<br /> (:.:..l ~"7'" C:J Gr
<br />( ':."~.J
<br />...~ ) I---'" "'1 U1
<br />t
<br />[,:} I 3"
<br />rr~ [, ::n ~,""'" l"'-~
<br />['1 !, :3 r . .J i
<br />,\
<br />V:",'l ~,) r-- J,",," c::>
<br />0) i' C'")
<br /> \.. f...C.'I r'."'" -..J
<br /> ('- J> CO
<br /> I---'" '--" '--"
<br /> co (J) co
<br /> (f) ~
<br />
<br />
<br />N
<br />S
<br />S
<br />CYI
<br />.......
<br />S
<br />-....J
<br /><.D
<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 />Ret. Env.
<br />':J nY\le....
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $10,000.00.
<br />
<br />THIS DEED OF TRUST is dated October 26, 2005, among SHAWN R FLEBBE; an Unmarried Man
<br />
<br />("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803
<br />
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose
<br />
<br />address is P.D Box 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 rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, State of
<br />
<br />Nebraska:
<br />
<br />Lot 3, Capital Heights Eighth Subdivision, Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 4251 UTAH AVE, GRAND ISLAND, NE 68803.
<br />
<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 specified in
<br />the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future
<br />advances (excluding interest) exceed in the aggregate $10,000.00.
<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 present
<br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security
<br />interest in the Personal Property and Rents.
<br />
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND 'rHE 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 this
<br />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 Deed of Trust,
<br />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 governed
<br />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; (2)
<br />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 maintenance
<br />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 of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />
|