|
<br />i. "
<br />
<br /> ~
<br /> 2! ~ ~
<br />Q z 0:::::. 0 ch .;0
<br />~ C co 0 -I rri
<br />~ ':i' c 1>
<br />rn :u i~ 1N
<br />n en :3 z -I :D
<br />~ ::E: = -I rr1 0 [g
<br /> rTl"\.. ~ -<
<br /> ~"'f (:)
<br /> N 0 ..., ,..0 t;;
<br /> -..., Ul ., Z . c;;:o
<br /> Cl r :r:: m :2
<br /> rq -0 1> OJ P ~
<br /> P1 ::3 r ::D
<br /> Cl I l> IN
<br /> (fl ~ (/) ......c:
<br /> '~ N :;;0:; s:
<br /> "S P- eT) m
<br /> i}. c:, ............... ~
<br /> 0 (fJ W
<br /> (fJ Z
<br /> 0
<br />
<br />
<br />t\.)
<br />cS>
<br />cS>
<br />0:>
<br />S
<br />N
<br />.p..
<br />0)
<br />W
<br />
<br />
<br />WHEN RECORDED MAil TO:
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island. NE 6BB03
<br />
<br />/j- 5 50
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated March 22, 2008, among DAVID G DUBBS, a Married Person, and PATRICIA A
<br />DUBBS, his Wife ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand
<br />Island, NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points
<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 />County, State of Nebraska:
<br />
<br />The Northeast Quarter (NE 1/4) of Section Thirty-Three (331. Township Eleven (11) North, Range Twelve
<br />(12) West of the 6th P.M., in Hall County, Nebraska, Except a strip of land Seven (7) feet in width adjacent
<br />to the present section line county road Thirty-three (33) foot right-of-way line along the North side of the
<br />N 1/2NE 1/4, conveyed to Hall County, Nebraska, to be used for extra road right-of-way, as described in
<br />Quitclaim Deed recorded in Book 1 50, Page 390
<br />
<br />The Real Property or its address is commonly known as NE1/4, SECTION 33, TWN 11 NORTH, RNG 12 WEST
<br />OF THE 6TH P.M., HAll COUNTY, NEBRASKA, NE.
<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 />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 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 tenantable 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 />
|