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<br />I'\.) <br />s <br />s <br />(j) <br />S <br />->. <br />->. <br />c..n <br />W <br /> <br />-------fp- dMv'-r-'\ lutn ~~[lJ1L ~ <br />~~N RECORdED'MAIL TO: <br />Five Points Bank r 7 <br />West Branch PO IS uX l..::l 0 <br />2009 N. Diers Ave. <br />Grand Island. NE 68803 <br /> <br />DEED OF TRUST <br /> <br />~ <br />~ <br />~ <br /> <br />THIS DEED OF TRUST is dated February 7, 2006, among CASEY J IVERSON; an Unmarried Man ("Trustor"); <br />Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br />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 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 Four (4) in Meadowlark Estates Subdivision in Hall County, Nebraska <br /> <br />The Real Property or its address is commonly known as 3604 S BLAINE #4, GRAND ISLAND, NE 68803. <br /> <br />CROSS-COLLATERAlIZATION. 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. . If the lender is required to give notice of the right to cancel <br />under Truth in lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to lender, <br />then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given. <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 />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 />(21 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 /> <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; (21 Trustor has no knowledge of, or reason to believe <br />