|
<br />,.
<br />:-
<br />
<br />
<br />m
<br />n Z
<br />:r: () c,'l
<br />m>~
<br />ncn
<br />".;;:r.:
<br />
<br />~ .~..<"
<br />
<br />'"
<br />
<br />:-J
<br />~
<br />~
<br />
<br /> ~
<br /> =.;> b
<br /> c=> (F ~
<br /> --"-, ~ <:> -I Cj
<br /> ..........t" "'. ::3 c: l"-'""
<br />.A::l '" '. ::z: -j N
<br />f"f1 t. ' = -j rTl
<br />~'': =0 ~
<br /><'> -< 0 Cj
<br />c,) 'c,f <:> '""T1 Cj
<br />."f1 0) ""rJ G;-
<br /> (1- z -....l
<br />Cl ::r: fT]
<br />m S\ )
<br />m -0 l> 0:1 Cj -
<br />0 ~ 3 r- A) ~
<br />r.n r 1>- ~
<br /> <:...) <n
<br /> ::><; -....l
<br /> ~ !
<br /> <:...) ---- ---- N
<br /> N en ...L:
<br /> en
<br /> ~
<br />
<br />N
<br /><Sl
<br /><Sl
<br />-....,J
<br />G
<br />-->.
<br />-....,J
<br />N
<br />.p.
<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />North Branch
<br />2015 North Broadwell
<br />Grand Island. NE 68803
<br />
<br />DEED OF TRUST
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />k
<br />~
<br />
<br /><::">
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $120,000.00.
<br />
<br />THIS DEED OF TRUST is dated March 5, 2007, among RYAN J BARTELS and SHANNON R BARTELS;
<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 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 />LOTS SEVEN (7), EIGHT (8), NINE (9) AND TEN (10), IN FRACTIONAL BLOCK FOURTEEN (14), ASHTON
<br />
<br />PLACE, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 2703 W 2ND ST, GRAND ISLAND, NE 68801.
<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 $120,000.00.
<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 />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 />
<br />o
<br />
|