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<br />N <br />is) <br />is) <br />(Xl <br />is) <br />(.oj <br />()1 <br />...... <br />.f::>. <br /> <br /> <br /> <br /> ~ S; I'"'"", ~ <br /> e:;.::" 0 (j) <br /> C=> c::> <br /> C!! co 0 -j <br /> .>-.~ ":D c )> r'\) <br /> ~ Z -j <br />n ::n ~, -0 -j IT1 0 :0 <br />% E ~~ :::c -< ~ <br />~ 0 <br />m N 0 "'T1 0 <br />n CO ." :.> <br />~ :c ...., r z CO en <br /> 0 ::t: fT1 Z <br /> rr1 ::0 )> (D c::> <br /> r~ :::3 r ;0 CJ> <br /> 0 r :l> c....> :II <br /> lr\ en .......... if) c..n c <br /> 0 C) "'" s: <br /> )> .......... m <br /> c.v ...................... <br /> ex> if) -C ~ <br /> (fl z <br /> 0 <br /> <br />Rff JStV VI i::11T!lV <br />WHE"N RECORDED MAil TO: <br />Five Points Bank /tJ ff,v /5() 7 <br />West Branch . r <br />2009 N. Diers Ave. 2.- <br />Grand Island, NE 68808 <br /> <br />...<..s. Sa <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated April 21, 2008, among LINDA l GREEN and KEVIN S GREEN, whose address is <br />4246 NORSEMAN AVE, GRAND ISLAND, NE 68803-2210 ("Trustor"); Five Points Bank, whose address is <br />West Branch, 2009 N. Diers Ave" Grand Island, NE 68803 (referred to below sometimes as "lender" and <br />sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE <br />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 />lot Twenty Three (23), in le Heights Fourth Subdivision, in the City of Grand Island, Hall County, <br />Nebraska. <br /> <br />The Real Property or its address is commonly known as 4246 NORSEMAN AVE, GRAND ISLAND, NE <br />68803-2210. <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 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 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 />