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<br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Benk <br />North Branch <br />2015 North Broadwell <br />Grand Island. NE 68803 <br /> <br />n ~ r~ ~I <br />::a::: <:::::0 0 lfJ <br /> ~ <br />rn CA ~, ~ 0 -1 <br />n ::c c:: l> <br />A ~~ ::3 :z: -1 <br /> = -1 f'Tl <br /> -c: -< <br /> 0 <br /> <.d ~ ...., C>(: <br /> 0 <br /> 0 ~ ...., <br /> ..,.., :z: en <br /> t'~ :c f'Tl - <br /> 0 C)::.1 <br /> rn :D 1;>- cn ~g <br /> rn l ::3 r :::0 <br /> 0 r l> <br /> (j) .......... lfJ :~ <br /> .......... ;;><; <br /> l> <br /> l"V .................. <br /> C,...) (fl en r-to <br /> /if) 2 <br /> ... <br /> ;.., 0 <br />200604176 <br /> $Is: 50 <br /> FOR RECORDER'S USE ONl V <br /> <br /> <br /> ;0 <br /> m <br /> -n <br /> c: <br />I'V n Z <br />s :c n 0 <br />S m )> (,t.) <br />0) (') (,I') <br />S ~ ::c <br />~ <br />....... <br />-..J <br />0) <br /> <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $100,000.00. <br /> <br />THIS DEED OF TRUST is dated May 9, 2006, among STEWART & BANGS llC; A NEBRASKA LIMITED <br /> <br />LIABILITY COMPANY ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br /> <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br /> <br />Points 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 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 FIFTEEN (15). BLOCK TWENTY-ONE (21) IN THE ORIGINAL TOWN OF WOOD RIVER, HALL COUNTY, <br /> <br />NEBRASKA <br /> <br />The Real Property or its address is commonly known as 116 E 9TH ST. WOOD RIVER, NE 68883-0800. <br /> <br />CROSS-COllATERAlIZATION. In addition to the Note, this Deed of Trust secures all obligations. debts and liabilities. plus interest <br />thereon. of either Trustor or Borrower to Lender. or anyone or more of them, as well as all claims by lender against Borrower and Trustor <br />or anyone or more of them. whether now existing or hereaher arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due. direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br />unliquidated. whether Borrower or Trustor may be liable individually or jointly with others. whether obligated as guarantor, surety, <br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereaher may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereaher 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 Borrower, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $100.000.00. <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 (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 />