|
<br />
<br />
<br />~
<br />t\ 2:
<br />:x; no
<br />m)>0
<br />nCl)
<br />-"\::I:
<br />
<br /> .
<br />o.....~
<br />:JZ
<br />M'lU', ..."" ~
<br />f') ::t :gs fG:l(fl
<br />?'\ ~ -..2 0-1 c::>
<br />~ ~ c:: l:>- or
<br />c;= Z-i N ~
<br />~~ -i rr1
<br />c.."J c::>
<br />(.") -< 0
<br />C> C> ""T1 c::> ~
<br />" CD .,., -"~
<br />~ ;;; ~ -0<.. -..J
<br /> :t: Pl -
<br />~ t ::D :t-'" OJ c::> ~
<br />::3 r- :::0
<br />r l> 9">
<br /> U)
<br />tD ;00;; ~ i
<br /> l>
<br /> en ........ '-'" CD
<br /> W (fl U1
<br /> (.f) ~
<br /> 1/5 SO
<br /> FOR RECORDER'S USE ONLY
<br />
<br />
<br />.
<br />
<br />1'0
<br />\Sl
<br />\Sl
<br />-..J
<br />\Sl
<br />CJ)
<br />-..J
<br />(,0
<br />()l
<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />North Branch
<br />2015 North Broadwell
<br />Grand Island, NE 68803
<br />
<br />CONSTRUCTION DEED OF TRUST
<br />
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $225,000.00.
<br />
<br />THIS DEED OF TRUST is dated June 26, 2007, among HARRY H HANSEN and DARLA M HANSEN f/k/a
<br />DARLA M POLAK; HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is North Branch, 2015
<br />North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and FIVE POINTS BANK, whose address is 2015 N. BROADWElL AVE, GRAND ISLAND, NE
<br />68803 (referred to below as "Trustee").
<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 ri9hts, 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 />LOT TWENTY (20), WESTWOOD PARK EIGHTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 4065 SANDALWOOD DR, GRAND ISLAND, NE
<br />68803.
<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 $225,000.00.
<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 IA) PAYMENT OF THE INDEBTEDNESS AND IB) 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 />CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the
<br />Uniform Commercial Code, as those sections have been adopted by the State of Nebraska.
<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 />
|