|
<br />
<br /> 10 ~I
<br /> m r.......>
<br /> "Tl
<br /> c: ~ 0 (/)
<br /> z 0 -~
<br />n l:'j~ c l'~
<br />J: ~ C Z -I
<br />H' '/"''-1' -I 1"1'1
<br />rn -cu c:::>
<br />n (I) -< 0 ~
<br />~ :r: ............ C) -., c:::>
<br /> (;) ............ -'1 -
<br /> ""T1 tL z en ~
<br /> Q -'- [1'1
<br /> fTl (\..,.. \J ::n 1."'" G) c:::>
<br /> fTl t. :3 r- ::D
<br /> CJ ~ r J:- CO
<br /> (J1 ;:.. ....... U) 0 ~
<br /> t- ....... ^
<br /> > -..J
<br /> C=> - "'-'
<br /> 0) U) r'\) ~
<br /> U)
<br />
<br />
<br />N
<br />S
<br />S
<br />0)
<br />S
<br /><Xl
<br />S
<br />-..J
<br />N
<br />
<br />RI+~L'nlUJ .
<br />WHEN ~CORDED MAICtO:
<br />Five Points Bank
<br />"Your Hometown Bank"
<br />2015 N. Broadwell
<br />P.O. Box 1507
<br />Grand Island. NE 68802-1507
<br />
<br />-SI 5: Sa
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated September 1, 2006, among JAMES C AUGUSTINE, not personally but as
<br />Trustee on behalf of JAMES C AUGUSTINE REVOCABLE LIVING TRUST DATED OCTOBER 26, 2000; and
<br />NANCY K AUGUSTINE, not personally but as Trustee on behalf of NANCY K AUGUSTINE REVOCABLE LIVING
<br />TRUST DATED FEBRUARY 22,1999 ("Trustor"); Five Points Bank, whose address is "Your Hometown Bank",
<br />2015 N. Broadwell, P.O. Box 1507, Grand Island, NE 68802-1507 (referred to below sometimes as "lender"
<br />and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE
<br />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 />lOT ONE (1), FRITZ SECOND SUBDIVISION, HAll COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 5662 W SCHULTZ RD, AlDA, NE 68810-9626.
<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 />PAYMENT 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 />
|