|
<br />
<br /> 10 n ~
<br /> m :E:
<br /> ~." .C! m CI'l
<br /> ~ n :x:
<br />f\.) -0 E ~ m
<br />C$l ~ % !!I :s~ 0 (J) z
<br />C$l rn 0 -1 0 rri
<br />CO I"l ,-=- c:: l>
<br />cs :z ~ :t :u r" c= Z -i N :0
<br />c.n 0 rT) ;.. <: -1 f'T1 m
<br />c.n ~ ~<~~ -< CJ 0 0
<br />c.n ;:::! N 0 ~ ):>-
<br /><0 rrt ~ -...J ~ 0 C/}
<br /> t), --,..
<br /> 0 "'- en Z
<br /> rTJ ::r r'n
<br /> rTJ r -0 :t>- CD C> en
<br /> D :3 r- ::u :rJ
<br /> (/) r- 1>- CJ1
<br /> N (fl c:
<br /> /'<; CJ1 ~
<br /> :t>-
<br /> t-& -- en ~
<br /> W <n
<br /> en c.o ~
<br />
<br />
<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 />DEED OF TRUST
<br />
<br />~,
<br />~
<br />
<br />THIS DEED OF TRUST is dated June 17. 2008. among ERIC A SCHULTE and ANGELA D SCHULTE. whose
<br />address is 415 BEACHWOOD DR. GRAND ISLAND. NE 68803-3936 ("Trustor"); Five Points Bank. whose
<br />address is West Branch. 2009 N. Diers Ave.. Grand Island. NE 68803 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"); and Five Points Bank. whose address is P.O Box 1507. Grand
<br />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 />
<br />County. State of Nebraska:
<br />
<br />Lot Ten (10) in Westwood Park Eighth Subdivision in the City of Grand Island. Hall County. Nebraska.
<br />
<br />The Real Property or its address is commonly known as 415 BEACHWOOD DR. GRAND ISLAND. NE
<br />
<br />68803-3936.
<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 NOH, 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 />
|