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<br />- <br /> <br />e <br /> <br />~ <br />.." <br />C <br />n Z <br />~~~ <br />ncn <br />~:t: <br /> <br />~' '" "';:; <br />'~~,~ <br /><:;::0> <br />--.:I <br /> <br /> <br />n~ <br />:; ..(,1) <br />R::C <br /> <br />~:j <br />('"rl <br />c~':' <br /> <br /> <br />r-,) <br />-I: <br /> <br />-;J <br />::D <br />-c <br /> <br />N <br />IS <br />IS <br />-...j <br />IS <br />+:0. <br />N <br />N <br />+:0. <br /> <br />o -.~ <br /> <br />-..~ <br /> <br />r-~) <br />rll <br /> <br />t\ <br />:""4 <br />f; <br />~ <br />('- <br /> <br />::D <br />::3 <br />~ <br />c::> <br />(Jl <br />0) <br /> <br />~ <br /> <br />r''!''l <br /> <br />c, <br />Ul <br /> <br />~~ ?en' <br />WHEN RECORDED MAIL TO: <br />Five Points Bank "'0 B 15 7 <br />Downtown r I ~ D <br />370 N. Walnut <br />Grand Island. NE 6880"''2-- <br /> <br />:~' <br />"I <br /> <br />o en <br />C) -1 <br />C )CO> <br />z-1 <br />-i rn <br />---< c' <br />c> .." <br />~l .....::..,_ <br />_~_ r"~'l <br />:t-... C 1'.' <br />r- :::U <br />r 1::~ <br />U) <br />:;><; <br />1:'"' <br />-- <br /> <br />(/J <br />(f) <br /> <br />o <br />N <br />c::> <br />c::> <br />--.J <br />o <br />-I: <br />N <br />N <br />J: <br /> <br />~ <br />fir <br />~ <br />a: <br /> <br />- <br />::J <br />g <br />i <br />~ <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />t./ S; So <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated May 16, 2007, among MICHAEL R SANDMAN, A SINGLE PERSON ("Trustor"); <br /> <br />Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE 68801 (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 />THE NORTHERLY FORTY-EIGHT AND ONE-HALF (481/2) FEET OF LOT FIVE (5), IN BLOCK ONE HUNDRED <br /> <br />TWENTY-FIVE (125), IN UNION PACIFIC RAILWAY COMPANY'S SECOND ADDITION TO THE CITY OF <br /> <br />GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 711 N WHEELER, GRAND ISLAND, NE 68801. <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 Note. <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 />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 tenantable 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 />