|
<br /> P ='0 n i; t~
<br /> tn C;"~ o (fJ ~~
<br /> =-' ." % c:::::o
<br /> c: m ~~ ~ o -t
<br />N li c:::r>
<br />(') Z n c_ z-t
<br />S '" ~~' = o~
<br />S :J: (') 0 ::;z: -tf'Tl
<br />(j) ~ m > !{J -< 0
<br />s n (I) ~ 0 "'Tl ~?:
<br />s "" :x: (0 "'Tl
<br />0'1 .." Z
<br />W CJ ~ ::r:: f'Tl -
<br />+:-. m -0 P- ro c::::> :::J
<br /> 1.\' r :::0 og
<br /> nl t ::3
<br /> CJ r P-
<br /> (f) (f)
<br /> U) ^ ~i
<br /> P-
<br /> ~ ~"~
<br /> ~ (I)
<br /> c.n ~
<br />
<br />
<br />
<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, NE 68802-1507
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />~
<br />
<br />c'
<br /><:::>
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $120,000.00.
<br />
<br />THIS DEED OF TRUST is dated January 18, 2006, among JOHN l AllEN and TAMARA J AllEN; HUSBAND
<br />
<br />AND WIFE ("Trustor"); Five Points Bank, whose address is "Your Hometown Bank", 2015 N. Broadwell, P.O.
<br />
<br />Box 1507, Grand Island, NE 68802-1507 (referred to below sometimes as "lender" and sometimes as
<br />
<br />"Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred
<br />
<br />to below as "Trustee").
<br />
<br />CONVEY ANCE 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 ~o 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 />lOTS FORTY NINE (49), FIFTY (50), FIFTY ONE (51), FIFTY TWO (52), FIFTY THREE (53) AND FIFTY
<br />
<br />FOUR (54), BElMONT ADDITION TO THE CITY OF GRAND ISLAND, HAll COUNTY, NEBRASKA.
<br />
<br />CROSS-COllATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor to lender, or anyone or more of them, as well as all claims by Lender against Trustor or anyone 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 Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<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 $120,000.00.
<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 (AI PAYMENT OF THE INDEBTEDNESS AND (BI 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
<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 />
|