<br />
<br /> f'......"
<br /> c:--..;')
<br /> 11'"..:;:';;:)
<br /> ......," ,>~ ::t <::>;:>
<br /> ".'''~, ("-
<br />;p ';;;" ::::0
<br />rq ~,," :z::.
<br />~.;: " "
<br />(2) ,,\~
<br />'".1 , c...:>
<br />t':~"; (j,
<br />r'" ~ ::D
<br />r''l'',! :3
<br />C:,
<br />'" p. ..........
<br /> t- 1-4
<br /> N
<br /> c...:>
<br />
<br />1IO
<br />m
<br />."
<br />c:
<br />Q ~
<br />m ~ ~~
<br />nU)
<br />",:r:
<br />
<br />Q~
<br />~cn
<br />~' :c
<br />
<br />tv
<br />o
<br />o
<br />OJ
<br />o
<br />o
<br />o
<br />()'T
<br />.j:::>..
<br />
<br />
<br />--, -J~+ r;yW' ;;;;7i{'
<br />WHE RECORDED MAil TO:
<br />Five Points Bank I (J ;fill 150 7
<br />West Branch
<br />2009 N, Diers Ave, '2.~"
<br />Grand Island, NE 688011 __.
<br />
<br />DEED OF TRUST
<br />
<br /> m
<br />Cl> (fl ~1
<br />0 -< <::) rn
<br />CJ;.>. ;n
<br />z ~,-I r0 "11 "
<br />-; m 0
<br />-< a ,>
<br /> C'. m
<br />(:J -p C) :2
<br />-,.,
<br /> ....... co (J)
<br />..,- Pl :d
<br />j)o- n,' C)
<br />r" ;:;:) C
<br />r .1~ CJ s:
<br /> (f) fT1
<br /> 7: c::> ..."..
<br /> ~ U1 ~
<br />'--' '--'
<br />(f) Z
<br /> ...c 0
<br />(/)
<br />
<br />....
<br />
<br />.;(.5-'.<; 0
<br />FOR RECORDER'S USE ONL. Y
<br />
<br />THIS DEED OF TRUST is dated December 26, 2007, among JON J SACK and DA YlA 0 SACK; Husband and
<br />
<br />Wife ("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 Thirty (30), Westwood Park Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 4023 W FAIDLEY AVE, GRAND ISLAND, NE
<br />
<br />68803-3326.
<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 Credit Agreement. Such advances may
<br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at anyone time, not
<br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages,
<br />other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the
<br />Credit Agreement. It is the intention of Trustor and lender that this Deed of Trust secures the balance outstanding under the Credit
<br />Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance.
<br />
<br />Trustor presently assigns to lender (also known ilS Beneficiary in this Deed of Trust) ail ot Trustor's right, title, and interest in and to ail
<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 EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER 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 Credit
<br />Agreement, this 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of
<br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release
<br />of any Hazardous Substance in violation of any Environmental laws. Trustor authorizes lender and its agents to enter upon the
<br />
|