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<br />~ <br />~ <br />c:::> <br />U"'l <br />::2: <br />= <br />c:= <br /> <br />....... <br />o <br /> <br />Q~ <br />rn CI'l <br />n:t <br />" <br /> <br />~I <br />- Zl <br />IJnO <br />:r: )> c.t>> <br />m .. <br />n(J') <br />~::J: <br /> <br /> <br />-0 <br />:3 <br /> <br />~j; <br /> <br />" <br /> <br /> <br />~r <br /> <br />....... <br />N <br />c..v <br />-.J <br /> <br />N <br />CSl <br />CSl <br />(jJ <br />....l. <br />....l. <br />....l. <br />en <br />CSl <br /> <br />....... ,/ <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 68803 <br /> <br />200511160 <br /> <br />O(f) <br />0-1 <br />C l> <br />z-j <br />-1m <br />-<0 <br />o 'T1 <br />'T1z <br />:c rT1 <br />)> lD <br />r :::0 <br />r l> <br />(f) <br />::><: <br />)> <br />-- <br /> <br />(f) <br />(f) <br /> <br />oQ;' <br />Not <br />o[ <br />~.?: <br /> <br />- <br />....... .::J <br />i-"~ <br /> <br />;~ <br /> <br />o~ <br />:z <br />c <br /> <br />-$Is: 50 <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 $400,000.00. <br /> <br />THIS DEED OF TRUST is dated November 9, 2005, among BRADLEY R PETERSEN; A MARRIED PERSON AND <br />AMY S PETERSEN, HIS SPOUSE ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North <br /> <br />Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred <br />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 relatinlj 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 />THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2SW1/4) OF SECTION THIRTY THREE (33), <br />TOWNSHIP TWELVE (12) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as FARM GROUND, GRAND ISLAND, NE. <br /> <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 tha Note. <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 />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 /> <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 /> <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 /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisions: <br />