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<br /> e r~.....";) f1i <br /> c'...;,:,.> <:I (jl q ~ <br /> c:~~ <br /> -.;: 0 -j <br /> :lO n S ~ c: J> N <br /> m ::3 :z: -I a <br /> ~ :r ;q .~. ;tn -I fT1 0 <br />t\.) m ~~ oft :::0 -< <br />0 Z n :J: 0 0 ai- <br />0 ~ ~ <.;: N 0 "T1 <br />-.J .~ 0 0 0 .." --.J <br />!-!' .-'1'") "Co. <br />0 m ..~. t - <br /> rq ~ <br />t\.) n X CJ u-: - c::> <br /> :r,.. en ~ <br />~ ~ rTl ~ c ::n <br />eN rTl ::3 r~ ::0 N <br />t\.) C? r );> <br /> (J) I-' (/l I-' i <br /> 0 ;:0:; <br /> ~ );> W <br /> I-' .................. <br /> --..] (n N <br /> (fJ ~ <br /> <br /> <br /> <br /> <br />~+ c;..,- : .J'd,,/..e. <br />WHEN RECORDED MAil TO: <br />Five Points Bank <br />West Brench <br />2009 N. Diers Ave. <br />Grand Island. NE 68803 <br /> <br />...:lS.50 <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated March 14. 2007, among SUSAN M HAGMANN and THOMAS M HAGMANN, <br />WIFE AND HUSBAND ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., <br />Grand Island, NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five <br />Points Bank. whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br /> <br />CONVEY ANCE 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 Eighteen (181. Western Heights Fourth (4th) Subdivision. Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 1416 BRANDING IRON lANE. GRAND ISLAND, NE <br />68803. <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 Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may <br />be made. repaid, and remade from time to time. subject to the limitation that the total outstanding balance owing at anyone time. not <br />including finance charges on such balance at a fixad or variabla rata or sum as provided in the Credit Agreement, any temporary overages, <br />other charges. and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the <br />Credit Agreemant. It is the intention of Trustor and lender that this Deed of Trust secures the balance outstanding under the Credit <br />Agreement from time to time from :z:ero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance. <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 EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER 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 Credit <br />Agreement, this 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 />Ha:z:ardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of <br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release <br />of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the <br />