|
<br />
<br /> 0 if) I
<br /> <:> --j a
<br /> c: 1>
<br /> Z -1 N
<br /> -1 m
<br />n -< 0 0
<br />% ~ c) '1 0 ~
<br />~ -r;
<br />en +: ('''- ..,.e._ D) -
<br />::t ,~- rrl ~
<br />~ 1'\" -0 1"'~ CO 0
<br /> t :::3 r- ;:0
<br /> <:.:J r 1>- a:>
<br /> ~ ~ (j) i
<br /> ="" --c
<br /> 1>- 0)
<br /> ~ '-" ----
<br /> CD (j) 0
<br /> (j) ~
<br />
<br />
<br />
<br />f',.)
<br />cSl
<br />cSl
<br />en
<br />cSl
<br />co
<br />~
<br />en
<br />cSl
<br />
<br />-...--' ~
<br />n d~v_ f{, ,~
<br />
<br />kEN RECORDED MAil TO.
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />~""-'.
<br /><7
<br /><:1
<br />
<br />THIS DEED OF TRUST is dated September 14, 2006. among BillY 0 FREEMAN and SHIRLEY A FREEMAN;
<br />
<br />Husband and Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand
<br />
<br />Island, NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points
<br />
<br />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 Six (6) in Block Twenty-four (24) in Scarff's Addition to West lawn, an Addition to the City of Grand
<br />
<br />Island, Hall County. Nebraska, and lot Twenty (20). of Subdivision of lots 280, 281, and 282, in West
<br />
<br />lawn, an Addition to the City of Grand Island, Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as
<br />68803-2610.
<br />
<br />2122 W 16TH ST, GRAND ISLAND, NE
<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 (AI PAYMENT OF THE INDEBTEDNESS AND (BI 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 />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />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 good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />
|