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<br /> 10 n ~ <br /> m % <br /> ..... <br /> c: m en ~I <br /> r n z n :r :-......:;, <br /> , ~ ('::...J. <br /> . . X ~ C ~ <> en <br /> ~ ~ 0 .-; <br /> ,." '- c:: ):,. <br /> n en ,..-- ::3 <br /> (~ .'.... z --; <br /> 'IIC :r --- = --i re-, <br />N p'~ t'e- -c: ~ar <br />CSl U'\ c'") ~ .,~~ -< ,=' <br /> t.",..:..... f--'o <br />iSl 0 c:;, -"i- 0 .." <br />""-J -C "'11 - <br /> -,., ~~ <br />CSl -.' ..L_ <br />v.:> CJ ~\':':.~,\ I fT1 <br />CO r1'l ::n ):"" C~J <br />CO ,",1 ~' ::3 r- .:0 <br /> 0 r );'"' :1 <br />v.:> U" t U? <br /> I-' <br /> (-. f--'o ='" <br /> P. <br /> r'\.) "-' "-' <br /> CD en W ~ <br /> en <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island. NE 68803 <br /> <br />L) /. S 0 <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 $25,000.00. <br /> <br />THIS DEED OF TRUST is dated May 10, 2007, among CHAD J GAWRYCH and LORI A GAWRYCH; <br />HUSUBAND AND WIFE, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP ("Trustor"); Five Points Bank, <br />whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to below sometimes <br />as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand <br />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 /> <br />County, State of Nebraska: <br /> <br />LOTS 13, 15 AND 17, BLOCK 6, COLLEGE ADDITION TO WEST LAWN IN THE CITY OF GRAND ISLAND, <br /> <br />HALLCOUNTY,NEBRASKA <br /> <br />The Real Property or its address is commonly known as <br />68803-2013. <br /> <br />2308 COTTAGE ST, GRAND ISLAND, NE <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 $25,000.00. <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 />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 />