|
<br />
<br />
<br />8f~ m
<br /> ~
<br /> c> en :D
<br /> "'- a -j 0 0
<br /> ,-.1,"- ~ c::;p.
<br /> ;:rJ ~' -..... z ~~ N )>
<br /> c=
<br /> G") -jfT'l en
<br />t. ~~- -<0 0 Z
<br />~ I-' o -" C> (J)
<br />'1 CJl -"z -I
<br />.. r ex:> :0
<br />'^'~ :r. rTl c:
<br />\:) ;p. CD C) s:
<br />o C? ::3 ' ;:u
<br />, ;p. -:J In
<br /> IJ) ~
<br /> C..) en
<br /> ;:><:; 0
<br /> po Z
<br /> N --- ---- CD 0
<br /> CO en C)
<br /> U>
<br />
<br />
<br /> "
<br /> :-- m
<br />I\,) i
<br />CS c:
<br />CS n z
<br />CO :E: ~ C
<br />CS ~
<br />-....J fq
<br />CS ~
<br />(,0 ;:lIl\ :t:
<br />CS !.l
<br />
<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />South Branch
<br />3111 W. Stolley Pk. Rd.
<br />Grand Island. NE 68801
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />~
<br />
<br />t?'b'
<br />THIS DEED OF TRUST is dated August 14, 2008, among JAMES J WILTGEN and BARBARA A WILTGEN; ""...
<br />HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd.,
<br />Grand Island, NE 68801 (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 />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $1,200,000.00.
<br />
<br />CONVEYANCE AND GRANT. For vlIlullble 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 ONE (1), GRAND ISLAND MALL FIFTEENTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />
<br />COUNTY, NEBRASKA.
<br />
<br />CROSS-COllATERAlIZATION. In addition to the Note, this Deed of Trust secures all obligations. debts and liabilities, plus interest
<br />thereon, of Trustor to lender, or anyone or more of them, as well as all claims by lender against Trustor or anyone or more of them,
<br />whether now existing or hereafter arising. whether related or unrelated to the purpose of the Note, whether voluntary or otherwise.
<br />whether due or not due, direct or indirect, determined or undetermined. absolute or contingent, liquidated or unliquidated. whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<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 $1,200,000.00.
<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 IA) PAYMENT OF THE INDEBTEDNESS AND IB) 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 />
|