|
<br /> 10 n ~ .-....:. m
<br /> =:> (") en
<br /> m X C=> 0 m
<br />- ..., eX> 0 --1
<br /> c: ~ en ~.~ c:: )> N
<br /> Z :r ;;; f' :D ::z:: -1
<br /> Q ~ -0 -l m 0
<br /> E 0 ::::0 -< m
<br />N m ~ G? - 0 0 0
<br />is> "'" J---oA 0 "'Tl )>
<br />is> n 0 J: "'Tl en
<br />?l: :x: """T1 :z co
<br />0:> r :::r.:: m Z
<br />is> 0 :t> co 0
<br />W rr1 ::n ~
<br />is> 1"'"1 ::3 r :::0 (...)
<br />-.j 0 r >-
<br />-.j (J) ~ U) <::> C
<br /> ~ ^ s:
<br /> I..) :t> -.J m
<br /> ~ -- :s
<br /> co en -.J
<br /> (j) Z
<br /> 0
<br />
<br />
<br />/fET L:AIIi< r'/9TJ!y
<br />WHEN RECORDED'MAILlTo:
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803
<br />
<br />?"~-, So
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated April 7, 2008, among LAWRENCE G PFEIFER and MARLENA C PFEIFER;
<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 beiow 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 />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 reiating 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 Seven (7) in Block One (1) in Harrison's Subdivision of the Southwest Quarter of the Southeast Quarter
<br />
<br />(SW1/4 SE1/4) of Section Eight (8), Township Eleven (11) North, Range Nine (9), West ot the 6th P.M.,
<br />
<br />Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 1504 RUBY AVE, GRAND ISLAND, NE 68803-2654.
<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 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 />
|