|
<br />
<br />10
<br />m
<br />."
<br />c:
<br />Z
<br />nO
<br />>~
<br />(.I)
<br />::J:
<br />
<br />Q~
<br />m en
<br />OX
<br />~
<br />
<br />!~
<br />;; t~
<br />~t ,'"
<br />lD
<br />v.>
<br />
<br />co
<br />Cob
<br />c:...:>
<br />
<br />....:.
<br />C;;;.;>
<br />c:::>
<br />,,--:II
<br />
<br />2
<br />m
<br />o
<br />'"
<br />
<br />~
<br />c;:)
<br />
<br />
<br />I\.)
<br />e
<br />e
<br />-..J
<br />e
<br />0)
<br />-..J
<br />CJ'1
<br />CXl
<br />
<br />ex>
<br />
<br />ll\
<br />C)
<br />
<br />::D
<br />=.3
<br />
<br />~-t E- Y\ \f'. Kc.d'h. Y
<br />WHEN RECORDED MAil TO:
<br />Five Points Bank f 0 ~."'f.- ISo 7
<br />West Branch
<br />2009 N. Diers Ave. ""L
<br />Grand Island. NE 68803
<br />
<br />Otf)
<br />o -l
<br />cJ>-
<br />z-l
<br />-l1"Tl
<br />-<0
<br />0"""
<br />"'T'\z
<br />:::c rrl
<br />X>O:J
<br />r- ;:;0
<br />r-l>
<br />(.J)
<br />;:><::
<br />l>
<br />""",-","~
<br />
<br />C/I)
<br />Ul
<br />
<br />oi
<br />~8.
<br />c::>~
<br />
<br />-..J -
<br />
<br />c::>f!
<br />C7)~
<br />~i
<br />CX)~
<br />
<br />"/0 ' 50
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated June 11, 2007, among JOHN W LANZENDORF and BEVERLY J HIEB; Single
<br />
<br />Persons ("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 Six (6), Block Three (3), Dale Roush Second Subdivison. Hall County. Nebraska.
<br />
<br />The Real Property or its address is commonly known as 322 CHEROKEE AVE, GRAND ISLAND, NE
<br />
<br />68803-3805.
<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 (AI PAYMENT OF THE INDEBTEDNESS AND (BI 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 />
|