|
<br /> ::a=-
<br /> CJ
<br /> ;; .. . , . *. ,:~
<br /> , .
<br /> :z:
<br /> ~
<br />N C)
<br />S rn
<br />s ....
<br />co
<br />s :::t
<br /><.r1 r-
<br />+:0- m
<br />...... V)
<br /><D e
<br /> -
<br /> n
<br /> rn
<br /> en
<br />
<br />
<br />
<br />
<br /> m (") (J) ~
<br /> ~,,- o-j 0
<br /> (~ c:: ~ f'\)
<br /> ~ ~~ z-j ~
<br /> % c::: --jrl1
<br />~ ~. rtl '1- Z 0
<br />~ C) .- -<0 0
<br /> '" N 0 .." 0 6;
<br />.. ~ 0 -C
<br />ncn ,., .." :z
<br /> ti ex> z
<br />~::z: ~ c:::r :::c rT1
<br /> rtl r ::0 l> co 0 ~
<br /> 111 ::3 r :::0
<br /> 0 .- l> en
<br /> U> ......... (f)
<br /> ......... ;::>': -C :s::
<br /> ~ m
<br /> N -.---- t-' ~
<br /> 0 (f) CD
<br /> (f) ~
<br />
<br />
<br />
<br />
<br />WHEN RECORDED MAil TO:
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island. NE 68803
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />~,
<br />DEED OF TRUST .~
<br />
<br />THIS DEED OF TRUST is dated June 23, 2008, among lANZENDORF HOLDINGS LIMITED PARTNERSHIP ~
<br />("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803
<br />(referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five Points Bank, whose
<br />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 />lot One (1), Fairacres Dairy Eighth Subdivision, in the City of Grand Island, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 411 SHADY BEND ROAD, GRAND ISLAND, NE
<br />68801.
<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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is. executed at Borrower's request and
<br />not at the request of lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with. or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law. regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law. or any other
<br />law which may prevent lender from bringing any action against Trustor, including a claim for deficiency to the extent lender is otherwise
<br />entitled to a claim for deficiency, before or after lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale,
<br />
<br />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
<br />this Deed of Trust. and the Related Documents,
<br />
<br />POSSESSION 'AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be 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 />
|