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<br /> <br />n <br />:i.: <br />rn <br />(') <br />...~. <br /> <br />n ~ "'i <br />:::.t c...., (") en <br />rn c=::. ~f <br />n ::c -.... ~ C> -i <br />A '-'~ =3 c: J:,. <br /> ~ ~ :=0 Z -j <br /> fTl '}. = -j rot <br />tJI o ~f'- -<0 <br /> <::.: f--I. <br /> 0 o -.-, ~ar <br /> ""r) -J 11 Z <br />cJ\ f;;J tl :r: rn <br />0 fT1 r lJ :r=-- LO - <br /> r"'r1 a :::s <br /> 0 3 r :::.0 ~f <br /> (/) r :r-,. <br /> I-' en <br /> N A <br /> J:> <br /> a ---- ---- <br /> -C en <br /> .~' en co, ..... <br /> ;.,;<' ~ <br />200602348 <br /> <br />N <br />is <br />is <br />0) <br />is <br />N <br />W <br />+:>. <br />co <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank Rtt ~ ~~ <br />West Branch {I - - <br />2009 N. Diers Ave. <br />Grand Island, NE 68803 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />-f S":s-O <br /> <br />THIS DEED OF TRUST is dated March 10, 2006, among RUSSELL L GEIST and USA A GEIST; Husband and <br /> <br />Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE <br /> <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br /> <br />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 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 Six (6), Westwood Park Subdivision, Hall County, Nebraska <br /> <br />The Real Property or its address is commonly known as 4034 DRIFTWOOD DR, GRAND ISLAND, NE <br /> <br />68803-3102. The Real Property tax identification number is 400166941. <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 Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may <br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at anyone time, not <br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, <br />other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the <br />Credit Agreement. It is the intention of Trustor and lender that this Deed of Trust secures the balance outstanding under the Credit <br />Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance. <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 EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER 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 Credit <br />Agreement, this 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of <br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release <br />of any Hazardous Substance in violation of any Environmental laws. Trustor authorizes Lender and its agents to enter upon the <br />