|
<br /> 10 I n ~
<br /> ~ %
<br /> m c.n m
<br /> c: n ~ i".....,~
<br /> C~ ~~~
<br /> Z '" ~_-:.."';) 0 (/> oi:r1
<br /> !~ ~ ("~ 0 --1
<br /> c: P
<br /> ...., -,.. -, N:D
<br /> no .....- rn
<br />N --i 1'"1
<br />iSl CO -.-< C) CJ
<br />iSl C" >
<br /> <'::,) ~.fl C)
<br />CO I-"" ," (/)
<br />iSl ~:.... r ,,'-- eo ;.:.=
<br />iSl ~".J U< .~'" 1'1
<br />-.....j nl II " -0 !-':;,o. en c:::> (j)
<br />CO C') n: :3 " ::;:) -,I
<br /><0 0 ~ r- (:) ;"..0
<br /> en r. ...:- c:
<br /> ~ f->o (jl ?~
<br /> N ^ _J
<br /> 1"\"1
<br /> " ):;~ CO ~~
<br /> --I::. -.....~
<br /> .J:: -.J
<br /> Ul CD Z
<br /> Ul 0
<br />
<br />
<br />
<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank..
<br />North Branch +--'0 80)( /.5'D?
<br />2015 North Broadwell
<br />Grand Island, NE 68803
<br />
<br />DEED OF TRUST
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />.s~,
<br />~
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $260,000.00.
<br />
<br />THIS DEED OF TRUST is dated January 31. 2008, among PETER A NOTHERN, a married person and KATIE J
<br />
<br />NOTHERN, his spouse ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell,
<br />
<br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five
<br />
<br />Points 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 ELEVEN (11), BLOCK TWO (2), WOODLAND PARK 4TH SUBDIVISION, GRAND ISLAND, HALL
<br />
<br />COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 4148 IOWA AVE, GRAND ISLAND, NE 68803.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not
<br />the 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 Borrower, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $260,000.00.
<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 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust. Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
<br />this Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />
|