|
<br />;0
<br />m
<br />.,.,
<br />c:
<br />n Z
<br />~~~
<br />ncn
<br />,.;;:c
<br />
<br />nn
<br />:C)J-
<br />m '"
<br />n:c
<br />""
<br />
<br />r
<br />a
<br />z
<br />w
<br />o
<br />
<br />,~
<br />~
<br />~
<br />~
<br />
<br />N
<br /><Sl
<br /><Sl
<br />en
<br /><Sl
<br />()1
<br />(Xl
<br />W
<br />-.....J
<br />
<br />
<br />~
<br />~
<br />
<br />):l~
<br />:1:;1~'
<br />~({-
<br />
<br />....,
<br />
<br />
<br />~t'
<br />
<br />
<br />::D
<br />:::3
<br />
<br />a
<br />
<br />ca
<br />
<br />-W~J i(c.'
<br />
<br />. WHEN RECORDED ~O:
<br />Five Points Bank pA\ 13 . 0/ I $c'.,
<br />West Branch v,., (,;"
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803
<br />
<br />("") (f)
<br />o -i
<br />C;:l>
<br />:z:-i
<br />.-.m
<br />-<0
<br />0"
<br />"""1z
<br />::J: Pl
<br />:r>-m
<br />, ::0
<br />r :>>-
<br />(Jl
<br />:;;><::
<br />>
<br />'--"''--'"
<br />
<br />(IJ
<br />en
<br />
<br />C)i
<br />~f!
<br />OG;-
<br />
<br />~
<br />1
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $70,000.00.
<br />
<br />~,
<br />-
<br />
<br />'t
<br />
<br />THIS DEED OF TRUST is dated June 23, 2006, among MARY F BABEL, Trustee of MARY F BABEL
<br />REVOCABLE LIVING TRUST ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave.,
<br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five
<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 />County, State of Nebraska:
<br />
<br />THE WEST HALF OF LOT 3, ALL OF LOT 4, AND THE EAST HALF OF LOT 5, BLOCK 6, FIRST ADDITION
<br />TO THE VILLAGE OF WOOD RIVER, HALL COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 207 W 13TH ST, WOOD RIVER, NE 68883. The
<br />
<br />Real Property tax identification number is 400175568.
<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 $70,000.00.
<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 (8) 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 />
|