|
<br /> 10 n
<br /> m I
<br /> "ft r~
<br /> C c::J 0 (fl
<br /> ;z c::::> C)
<br /> ('\ ~ <:> --1
<br /> ~ ~.".......~ It '.:.. c J> rv
<br /> :z: --1
<br /> :::r> --'t n1 0
<br />N en :z:
<br />s ~ :c -< 0 art
<br />s \SI <:> ., 0
<br />-..J . CJ1 ., :z -..)
<br />CSl
<br />CSl \f' 0 ~ ::r:: m
<br />....... 0 rr1 ::D po (IJ 0
<br />....... nl t :::3 r ;0 C)
<br />en CJ r po
<br /> (J) ..... (fl .........
<br /> 0 ^
<br /> :l> .........
<br /> W ....................
<br /> 0 (fl en ~
<br /> (fl
<br /> u'
<br />
<br />
<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 />LJ S. So
<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 $30,000.00.
<br />
<br />THIS DEED OF TRUST is dated December 27, 2006, among TODD 0 GALLION and COLLEEN C GALLION;
<br />
<br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell,
<br />
<br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five
<br />
<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 relatin!j 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 FIVE (5), BLOCK ONE HUNDRED TWENTY FIVE (125), KOENIG AND WIEBE'S ADDITION TO THE
<br />
<br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 1022 W KOENIG ST, GRAND ISLAND, NE 68801.
<br />
<br />CROSS-COllATERALlZATION. 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 Of 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 />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including. without limitation, a revolving line of credit, which
<br />obligates lender to make advances to Borrower so long as Borrower complies with all the terms of the Note.
<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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (al 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 afte~ Lender's commencement or completion of any foreclosure action, either judicially or by
<br />
|