|
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diers Avo.
<br />Grand Island, NE 68803
<br />
<br /> ~ ~i
<br /> ~ ~ .;:;:;;,::;)- ("") (/l
<br /> c"..:>
<br /> m >'-. <:To> 0 -i
<br /> .." en c:: P-
<br /> c: :z: ;:t) ~ "- :D ::z: -I
<br /> Z -0
<br />n t"Tl~_ ::::0 -i rTl Clar
<br />::I: n 0 ~,{--- -< (~
<br />m )>- ~ f-> 0 '1 ~I
<br />n en --., f-> '1
<br />"" :J: r ""--
<br /> 0 :r:: en
<br /> t"Tl \J l> tu
<br /> rT1 :::3 r ;0
<br /> 0 r ;1:"
<br /> (f) (f)
<br /> f-> ;;.;:
<br /> l>
<br /> N -- c..nz
<br /> 0) (f) C1)O
<br /> U>
<br />
<br />
<br />'"
<br />S
<br />S
<br />0)
<br />S
<br />W
<br />-"
<br />Ul
<br />0)
<br />
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />:>-
<br />r-
<br />r-
<br />r;;
<br />C
<br />:::!
<br />--t
<br />r-
<br />rr1
<br />en
<br />rr1
<br />:::0
<br /><:
<br />n
<br />f'T1
<br />en
<br />r-
<br />r-
<br />c-.>>
<br />
<br />DEED OF TRUST ~
<br />
<br />THIS DEED OF TRUST is dated April 10, 2006, among TERRY WALTER ENTERPRISES, INC ("Trustor"); Five ~,
<br />
<br />Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below '&
<br />
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box
<br />
<br />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 Eight (8!. Block One (1!. Imperial Village Subdivision, City of Grand Island, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 1335 SHERMAN PL, GRAND ISLAND, NE 68803.
<br />
<br />The Real Property tax identification number is 40047152.
<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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent lender from bringing any action against Trustor, including a claim for deficiency to the extent lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />
<br />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be 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 />
|