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<br />N <br />IS) <br />IS) <br />en <br />IS) <br />IS) <br />..J::>. <br />N <br />c:.o <br /> <br /> <br /> <br />P <br />:-' <br />6; <br />I <br /> <br />;0 <br />m <br />." <br />c:: <br />Z <br />a <br />~ <br /> <br /> <br /> <br />.~ <br /><;:> <br />~ <br />~ <br /> <br />:~ <br />;;:tJ ~., <br />~~t <br /> <br />'"Tl <br /> <br />(')n <br />~> <br />nCl) <br />",,:J: <br /> <br />c_ <br />= <br />Z <br /> <br />t-' <br />-..J <br /> <br />t <br /> <br />o <br />rn <br />r'Tl <br />o <br />[J) <br /> <br />-0 <br />::3 <br /> <br />w <br /> <br />I-' <br />...L: <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 68803 <br /> <br />("") en <br />o -~ <br />c::t> <br />z-t <br />-tfTl <br />-<0 <br />0'"11 <br />'"11z <br />:r: fTl <br />:t>tD <br />I' ;::0 <br />I'P- <br />(f) <br />::::><:: <br />:t> <br />.................. <br /> <br />(j') <br />(f) <br /> <br />g- <br />Oar <br />N~ <br />~~ <br />~I <br /> <br />CO2 <br />o <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 $160,000.00. <br /> <br />-:~ <br />~ <br /> <br />THIS DEED OF TRUST is dated January 13, 2006, among UNIVERSAL BUILDERS; A NEBRASKA GENERAL <br />PARTNERSHIP ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand <br />Island. NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br />Bank, whose 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 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 relatin!j 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 THIRTY NINE (39), JEFFREY OAKS THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br /> <br />COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 4028 NORSEMAN 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 <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 $160,000.00. <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 IA) PAYMENT OF THE INDEBTEDNESS AND IB) 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 />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR 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 /> <br />PAYMENT 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 tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />