|
<br /> :lID n 9
<br /> m ::J:
<br /> .."
<br /> c: m (.n m
<br /> n :J: -.,..
<br />n z ;'.'''..:\' ~.;.:~..
<br /> X -l
<br />E 0 ":;,_",,:)0 (> c' n'J
<br />:t: e.=-,
<br />~ !!' '". t(:x.. C) --l c:> :u
<br /> ", =3 c:::: }:..... N "J
<br />~ :c , z --'j 0
<br /> ~,.! ';;::I:i -; 1"1"] ;l.~
<br /> 1'";'1 = C>
<br /> C-} -< ('~-> en
<br /> c:~ (~) ."'Tl c:> Z
<br /> --'1 Ul ""'71
<br /> t\ ,- CO Cf)
<br /> C'J rTj' -J
<br /> , -, ::n :')- r; " c:::::> :rJ
<br /> r'i'-') ^ :3 r- ;,'[,) c::
<br /> C1 ,., ,- ;;:100 I--' $;
<br /> U'J " ({) ITI
<br /> ,\ (..Q
<br /> 2',- ::;"<:; -..J ~
<br /> "- :t;.. CD
<br /> en '-' --..... :z:
<br /> N en I--" 0
<br /> en
<br />
<br />
<br />N
<br />is
<br />is
<br />Q::l
<br />G
<br />->.
<br />-.j
<br />co
<br />->.
<br />
<br />,Eet is nv ~at h..t
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank 1''' C')I /511 7
<br />West Branch
<br />2009 N. Diers Ave. z.-
<br />Grand Island, NE 68808
<br />
<br />~t?'.)D
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated February 28. 2008, among THOMAS J WALD and SARAH 0 WALD;
<br />
<br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch. 2009 N. Diers Ave.,
<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 />CONVEY ANCE 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 Nineteen (19). Westwood Park Eighth Subdivision. in the City of Grand Island, Hall County. Nebraska.
<br />
<br />The Real Property or its address is commonly known as 4061 SANDALWOOD DR, GRAND ISLAND. NE
<br />
<br />68803 -31 56.
<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 />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 />
|