|
<br />N
<br />G
<br />G
<br />0'1
<br />--"
<br />N
<br />0'1
<br />W
<br />C):l
<br />
<br />:t-
<br />o
<br />;;
<br />:z:
<br />i;!
<br />C")
<br />r"I"I
<br />....
<br />=i
<br />r-
<br />r"I"I
<br />en
<br />r"I"I
<br />::a
<br />:5
<br />C"')
<br />r"I"I
<br />Co/")
<br />
<br /> i10 on
<br /> m
<br /> "'" %)> ~
<br /> c: rn en f">.:>
<br /> ~ (')
<br />no z n:r ~ (f) 0
<br /> c"r\ 0 --i [
<br />C A ~f c :to-
<br />~)> ~ CI Z --i N
<br />nen rr1 -; m c:::>
<br />~:I: f'T1 't- C":)
<br /> -< 0
<br /> C) - 0 ~
<br /> N 0 .,
<br /> 0 e,...) "'Tl
<br /> " :z: U1 -
<br /> Cl t :r: HI I
<br /> f'T1 -0 :to- OJ ~
<br /> f'T1 3 r :::0 N
<br /> Cl r l>
<br /> (rJ I-" (f) U1
<br /> N ;:><;
<br /> :I>- e,...)
<br /> c:::> --
<br /> 0') (f) CD 2
<br /> (.f)
<br /> 0
<br /> 200512538
<br /> FOR RECORDER'S USE ONLY
<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 />DEED OF TRUST
<br />
<br />-i:
<br />~
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $85,000.00.
<br />
<br />THIS DEED OF TRUST is dated December 22, 2005, among TERRY L YARNS, AN UNMARRIED PERSON
<br />("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803
<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 />
<br />CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee in trust. WITH POWER OF SALE. for tha 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 />
<br />County, State of Nebraska:
<br />
<br />Lot One 11 I, Bob Subdivision, in the City of Grand Island, Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 1516 SYLVAN ST, GRAND ISLAND, NE 68801. The
<br />
<br />Real Property tax identification number is 400019515.
<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
<br />specified in the Note, all future amounts lender in its discretion may loan to Trustor, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $85,000.00.
<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
<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 />PA YMENT 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 />
<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 />
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) 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
<br />maintenance 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
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by lender in writing, (a) any breach or violation of any
<br />
|