<br />
<br /> 10 n
<br /> m i'-''''~''
<br /> .." c:- ..;,. <:) I
<br /> c:: =:::> e() D
<br /> ;Z .""" <::) -<
<br /> c: l:--
<br />~ 0 t::: ';:_ r0
<br /> r.::: Z -1
<br />~ Z --i r'''' 0
<br />CJ) -< t.......,
<br />::t:: \S\ 0 .-. CI -""q 0 ar
<br /> ~ ~ -,..,
<br /> r "(/ .\'1._- -l
<br /> IJ'\ D m .,. , , -
<br /> ~r ~
<br /> G rT', !'. "". -:J J"" nJ 0
<br /> 1'1'''1 tl ::3 r :-D
<br /> Cl r J:,. --C
<br /> (j' \
<br /> \' ~ Ul
<br /> 1\ 1"0 ^ -l ~
<br /> \' ;0- ex>
<br /> G.) '--' '--'
<br /> <.0 (J) c:..o
<br /> en 2
<br /> C'"
<br />
<br />1'0
<br />\Sl
<br />\Sl
<br />-..J
<br />\Sl
<br />.f::>.
<br />-..J
<br />OJ
<br /><D
<br />
<br />.-.-.
<br />Rt+ 6)l V J..L.Ua '<-
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank bO 17 I So ..,
<br />West Branch r I ... ~
<br />2009 N. Diers Ave. z-
<br />Grand Island. NE 68803
<br />
<br />1560
<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 $500,000.00.
<br />
<br />THIS DEED OF TRUST is dated June 7, 2007, among TERRENCE R MERCHEN; a Single Person ("Trustor");
<br />Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O
<br />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 />County, State of Nebraska:
<br />
<br />The Easterly Two Thirds (2/3) of Lot Seven (7), in Block Fifty-five (55), in the Original Town of Grand
<br />Island, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 110 W 3RD ST, GRAND ISLAND, NE 68801. The
<br />Real Property tax identification number is 400004445.
<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 Trustor, together with all interest thereon; however,in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $500,000.00.
<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 />PAYMENT 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 Lews. 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 />
|