|
<br />
<br />
<br />
<br />N fil C')(f)
<br /><Sl r- ~ 'r 0-1 0 m
<br />is \> ::0 "'):" c:t>
<br />OJ ~ 'ItJ n :n Z-I N ::2
<br /><Sl m ~ c:= rr:
<br />O':l "'" en m~ CJ -t f"Tl I::)
<br />CO C n :c ~..- -<0 :0
<br />N 'I z ?i; I-' o '""TJ C) ::g
<br />""-J n ~ c ." ""T) ~ '""TJ:;z
<br /> % ~ 0 tt ::t: fTl CO >
<br /> ~ \) m en
<br /> r..-, r -0 :r.- [:J C) 2
<br /> jlIlI; :c $ 0 ::3 r :.u
<br /> (/J r-:r.- 0') en
<br /> w (f) i1
<br /> , ;:><; CD
<br /> '\' :D- C
<br /> ". ....c -........ N ~
<br />-------........... ,~-~,- r w en -..J
<br /> en
<br /> WHEN RECORDED MAil TO: 2:
<br /> Five Points Bank 0
<br /> West Branch
<br /> 2009 N. Diers Ave.
<br /> Grand Island, NE 68803 FOR RECORDER'S USE ONLY
<br />
<br />
<br />DEED OF TRUST
<br />
<br />~
<br />C/
<br />..~
<br />
<br />"
<br />
<br />THIS DEED OF TRUST is dated August 8. 2008. among THOMAS R GARDNER and BETH l GARDNER;
<br />HUSBAND AND WIFE ("Trustor"); Five Points Bank. whose address is West Branch. 2009 N. Diers Ave..
<br />Grand Island. NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five
<br />Points Bank. 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 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 Sixty-Two (62). Amick Acres West Subdivision. Hall County. Nebraska.
<br />
<br />Address: 62 Island Dr. Doniphan. Ne.
<br />
<br />The Real Property or its address is commonly known as 62 Island Dr. Doniphan. NE 68832. The Real
<br />
<br />Property tax identification number is 400385961.
<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 />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 />
|