|
<br /> ,;g n ~
<br /> m % :~"'~ ~
<br /> ." l':;:":,,.1> 0 U"
<br /> c: m en :":~ c:>
<br /> -0' n ::t .........""r --3 0 -f
<br /> :') .L. c: :t,.
<br /> x: ~ 0 ii"\ c",' (.=1 Z -1 rv ~
<br />i ~ ;;:Cl ;':.1', \~ r-"', m
<br /> "11 ~ r-Tl i''r- C"':l -1 0
<br /> (') (I) (D '4:....:0-0,..... -< C')
<br />N ~ :x <>,\,"~" I--'- 0 " 0 ~
<br />s C) .,,~'\'~ -:l -'"
<br />C$l ."T'1 ;;.:: 7N
<br />-.....J \"'::"i -"- rn -
<br />....... 1""1 ~, \J J,,~ CD I--'- ::J
<br />S rq I, ::3 r- ;;J ~
<br />+:0- CJ C.J f. r- ;r,. -P
<br />0'> OJ (j)
<br />+:0- ~ I--'- ;><; -C i
<br /> c: P- en
<br /> I--'- ---- "-"
<br /> eJ) (JJ ..;L:
<br /> c.n ~
<br />
<br />
<br />
<br />After Recording, Please Return To:
<br />GBS Partners, LLC
<br />2015 N. Rice Street, Suite 200
<br />Roseville, MN 55113
<br />651-489-212]
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />110 ' 5-0
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $32,000.00.
<br />
<br />THIS DEED OF TRUST is dated December 6, 2007, among DONALD l FRIESEN and lANETTE M FRIESEN;
<br />
<br />Husband and Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave" Grand
<br />
<br />Island, NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points
<br />
<br />Bank, 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), in Block Eleven (11), in Packer and Barr's Addition to the City of Grand Island, Hall County,
<br />
<br />Nebraska.
<br />
<br />The Real Property or its address is commonly known as 423 N DARR AVE, GRAND ISLAND, NE 68803. The
<br />
<br />Real Property tax identification number is 400069512.
<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 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 />
|