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<br /> <br /> ;lO r'~ ~ <br /> m c::::~ 0 (j) <br /> C"= C) at <br /> ." X. C? 0 --1 <br /> c: ;:,\t, c: l> /"'\J- ~ <br /> -~ Z <::..- :z -j <br />I'\.) n 0 .PP- --- - .~' c.::: ----4 fTl <br />a: r:n -\0- r- 0 a;- <br />S i'n ~ ~ ~-{-- -< 0 <br />s n 0" N 0 .." c::> <br />(j) ;'li; :3: -., CO ..., z 5" <br />s t~ m <br />(j) 0 ::r: rTl ft <br />(j) rr1 (' ::0 J> CD 0 <br />CP () rr1 :3 r- ::0 <br />.j::o. Cl r- )> en 3 <br /> ~ Ul ....... Cf) <br /> - :;:>0:: en CD <br /> ).> co :::s <br /> N "'-' - ..... <br /> CD (,P ...J: ~ <br /> <n <br /> <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 68803 <br /> <br />if 9, (]V <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 $350,000.00. <br /> <br />THIS DEED OF TRUST is dated July 25. 2006, among DAFFODIL, L.L.C., A NEBRASKA LIMITED LIABILITY <br />COMPANY ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, <br />NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <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 />County, State of Nebraska: <br /> <br />LOTS ONE (1), TWO (2), THREE (3). FOUR (4), FIVE (5), NINE (9). AND TEN (10) IN BLOCK SIXTEEN (16) <br />AND LOT FIVE (5) IN BLOCK FIFTEEN (15), ALL IN BAKER'S ADDITION TO THE CITY OF GRAND ISLAND, <br />HALLCOUNTY,NEBRASKA <br /> <br />The Real Property or its address is commonly known as 2107 W. 2ND STREET, GRAND ISLAND, NE <br />68803-5311. <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 hereafter 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 hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter 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 $350,000.00. <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 />