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<br />WHEN RECORDED MAil TO:
<br />Five Points Bank f 0 .t tlf.- i Sa 7
<br />West Branch
<br />2009 N. Diers Ave. "2..-
<br />Grand Island. NE 68808
<br />
<br />~{),;? 0
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $8,000.00.
<br />
<br />THIS DEED OF TRUST is dated June 25, 2008. among MITCHEll T NICKERSON, A MARRIED PERSON AND
<br />
<br />SUSAN E NICKERSON. HIS WIFE ("Trustor"); Five Points Bank. whose address is West Branch, 2009 N. Diers
<br />Ave., Grand Island, NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary");
<br />and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as
<br />"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 Three (3) in Block Eleven (11), in H.G. Clark's Addition to the City of Grand Island. Hall County,
<br />Nebraska.
<br />
<br />The Real Property or its address is commonly known as 811 W 9TH ST, GRAND ISLAND, NE 68801-4205.
<br />
<br />F!&VOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including. without limitation. a revolving line of credit. which
<br />~)lC_gates Lender to make advences to Borrower so long as Borrower complies with all the terms of the Credit Agreement. Such advances
<br />may 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 Agraamant. any temporary ovaragas.
<br />other charges. and any amounts expended or advancad as provided in this paragraph. shall not axcaed the Credit Limit as providad 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 />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 />PAYMENT 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 Credit
<br />Agreement, 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 Usa. Until the occurrence of an Event of Default. Trustor may (1) remain in possession and control of the Property;
<br />
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