|
<br />
<br /> "fl. T"",,':' i
<br /> ~~<< ~::::$ ("") (;,
<br /> (;";:;;) 0
<br /> :>l. r"", 0 .,-1
<br /> c: 1>
<br />N C ,~";,,;" C;:;, Z ---1 r0
<br /> Z ~ " ~:-:>
<br />S n ~ - ---1 ---1 P", 0
<br />S ~ C rn " I' -<
<br />:J: C) .: - C) or
<br />en m ~ "t" r0 e' "'1'1 C)
<br />S n (I) C~. c...v
<br />c.o " '1
<br />~ :J: .(_t. .. m 5"
<br />~ r~) (1"1
<br />S ~".,., '" 0 ::n l> to'"~ C) g
<br />N PI f, :::3 r" ='.'.r.;1
<br /> ,':) I" J..." CD
<br /> U) .' I--" tJl 3
<br /> ~ I--" ?; J:
<br /> :r-~ C) m.
<br /> rv ---- '--"
<br /> I--" (/1 r0 2
<br /> U)
<br /> 0
<br />
<br />
<br />
<br />kii zhn-', 'ffr;
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />Downtown
<br />370 N. Walnut
<br />Grand Island. NE 68801
<br />
<br />/
<br />./-1-5, 50
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated October 16. 2006, among EUSEO CALDERON and JESSICA CALDERON,
<br />
<br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand
<br />
<br />Island, NE 68801 (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 2 (TWO), JENSEN SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 414 W 3RD ST, GRAND ISLAND, NE 68801.
<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 Trustor, together with all interest thereon.
<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 IA) PAYMENT OF THE INDEBTEDNESS AND IB) 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 />PAYMENT 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 tenantable 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, (bl 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 />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />
<br />__.__._..._'".:,.J::....,,;,~,'..:..~.....~~,........'................,...:,',.,._
<br />
<br />...:L.;;~:..':o.'~iIl'~a.Il.I....Y...:~~...""'-t-
<br />
<br />,.~~: 1<_,;''';''_' ,~". ~ i" ,
<br />
|