|
<br />N
<br />is
<br />is
<br />CO
<br />is
<br />W
<br />0)
<br />0)
<br />is
<br />
<br />\.
<br />
<br />p
<br />,.
<br />
<br />
<br />
<br />~
<br />~"
<br />!
<br />
<br />,Q""",9{~
<br /><,,:,<:<:,,:~"':
<br />'~
<br />
<br />
<br /> ,...,
<br /> c::;:;a 0 (fl
<br /> ~ m
<br /> );i( 0 -l 0 ~
<br /> -:n c: l> r\,)
<br />:.<J ~\: \:) :z -l
<br />t'T"l '\- ;::0 -lfTl <=> :tJ
<br />,,., ....- -< 0 ~
<br />o~ W 0 " 0
<br />." 0 ..., z :>
<br />0 r :::t: nl CO en
<br />fT1 -0 :t> a, 0 Z
<br />ft1 ::3 r ;:0 ~
<br />0 r- :t> W
<br />(fl (fl
<br /> W ;:><; 0') c::
<br /> )> 0') is:
<br /> N """"""'-' ~
<br /> 0') (J') 0
<br /> W
<br /> Z
<br /> 0
<br />
<br />
<br />G\
<br />o
<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />North Branch
<br />2015 North Broadwell
<br />Grend Islend, NE 68803
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $150.000.00.
<br />
<br />DEED OF TRUST
<br />
<br />~\
<br />~
<br />
<br />THIS DEED OF TRUST is dated April 25, 2008. among LARRY R KOCH and RUTH L KOCH; HUSBAND AND
<br />WIFE ("Trustor"); Five Points Bank, whose address is North Branch. 2015 North Broadwell. Grand Island, NE
<br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank,
<br />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 relatinll 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 FIVE (5), IN WOLFE'S SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND. HALL COUNTY,
<br />
<br />NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 516 JOHNSON PL, 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 Trustor whether or not the
<br />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 Trustor, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $150,000.00.
<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 (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 />
|