|
<br /> 10 n ~ I
<br /> m %
<br /> .." ", .'".".,"
<br /> C i:';'-,,'> (") (/) 0
<br /> Z n :x: ,.~:'"..:>> 0 -,
<br /> ('\ ~ --" c: :r.-~ N
<br /> :r: ~ 0 ~r 3 :z -1
<br /> rn ~ "'I'" ::;:r> -1 rn 0
<br /> n (I) :;0 b, -c: -< C', ar
<br />N :c rt\ c=>
<br />~ G'") '{.;O:'~'" t-> 0 .1
<br />is ~--~
<br />is t-> -q -,- -.,) -
<br />-...J "T1 1'\ X ,'1 c=> ~
<br />is 0 -u ):;>- ~'::'.)
<br />W ...,...., \
<br /> C) ," ~\ . r~'- ~o G.)
<br />CO 111 ::3 .. ;:;J-
<br />CJ"1 i\ !
<br /> 0 ~: 1J1 CO
<br />->. (j1 N :;><:
<br /> II, 1> U1
<br /> (..... --" '"-"
<br /> c...:> (fJ t-> ~
<br /> t-> (fJ
<br />
<br />:t:a
<br />C
<br />;;
<br />2
<br />~
<br />CO)
<br />""
<br />-f
<br />=i
<br />,....
<br />rrI
<br />en
<br />,."
<br />=0
<br />-=
<br />n
<br />I'T'I
<br />en
<br />
<br />
<br />
<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803
<br />
<br />t.j.,,5()
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated May 11,2007, among TERRY WALTER ENTERPRISES, INC. ("Trustor"); Five
<br />
<br />Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below
<br />
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box
<br />
<br />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 Twelve (12), Westwood Park Eighth Subdivision, in the City of Grand Island, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 4042 SANDALWOOD, GRAND ISLAND, NE 68803.
<br />
<br />The Real Property tax identification number is 400420554.
<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 />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 after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
<br />this Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be 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 />
|