|
<br />N
<br /><Sl
<br /><Sl
<br />""'-l
<br /><Sl
<br />W
<br /><0
<br />G)
<br />W
<br />
<br />
<br />
<br />jIO
<br />m
<br />."
<br />c:
<br />Z
<br />~~
<br />en
<br />:J:
<br />
<br />iE
<br />l"\:Z:
<br />?li;
<br />
<br />
<br />"',:>
<br />~."~~:~
<br />=
<br />-:J
<br />
<br />C> U)
<br />o --l
<br />c:: 1:.-
<br />...,.. -,
<br />:'::1'"
<br />-<c
<br />0""'-'
<br />....." ~,..
<br />::r- [Tl
<br />~ r;)
<br />I ~.rJ
<br />r :;:';'-
<br />U1
<br />;:><:;
<br />1>
<br />--
<br />
<br />('l
<br />:t:
<br />I'TI
<br />...~.
<br />
<br />
<br />9
<br />~
<br />.......
<br />CJ')
<br />
<br />\J\
<br /><:>
<br />
<br />l~-
<br />
<br />(
<br />
<br />C'
<br />r~,
<br />Pl
<br />o
<br />Vl
<br />
<br />::n
<br />::3
<br />.......
<br />c:>
<br />
<br />-J::
<br />CD
<br />
<br />(j'J
<br />fJ)
<br />
<br />RcllNvv : -ttd-hu
<br />WHEN RECORDED MAR. TO:
<br />Five Points Bank Po '!f1. IS 0 7
<br />West Branch
<br />2009 N, Diers Ave. "2.-
<br />Grand Island, NE 6880S
<br />
<br />~
<br />oat
<br />N[
<br />~Gr
<br />~i
<br />~!
<br />wz
<br />o
<br />
<br />-Y"o. S- 0
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated May 11, 2007, among ADAM PFEIFER and KElll PFEIFER; HUSBAND AND
<br />
<br />WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island. NE
<br />
<br />68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points Bank,
<br />
<br />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 />lot Sixteen (16), Hoffman Second Subdivision. an Addition to the Village of Doniphan, Hall County,
<br />
<br />Nebraska.
<br />
<br />The Real Property or its address is commonly known as lot 16, Doniphan, NE 68832.
<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 (8) 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 />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 Note, this
<br />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 />Compliance With Environmental laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />
|