|
<br /> 10 n ~ :~'~ m
<br /> m ~ (::"m"':.') ('") (f) ~
<br /> ." I."~ c:>
<br /> c: <::Q Q -i
<br /> Z n :r ~ c: :P- fn
<br /> n ~ ~.. ::z: -i N :n
<br /> ~
<br /> 2: n 0 :::0 8~ ...--". 4li fT1 m
<br />I\..:) 1;; ~ P1 C":) 0 c:J
<br />s m C) -< <:)
<br />n ;. "'.. ;:t>
<br />s o<~ N 0 .., 0
<br />~ :c (f)
<br />CD ~ ..,., --.J .., --,..
<br />s t~ CO Z
<br /> Q X P"l
<br />-.....J ~ rr; -U :P- (J:l <:::) en
<br />~ Pl f\ :3 r- :;lJ -I
<br />-" CJ (\ r '1:'" --.J ::n
<br /><0 (/1 ~ en c:
<br /> I---> ^ ....r.: :s::
<br /> :P- .-.. ITI
<br /> c.v ----- ----- Z
<br /> <:::) (I) CD -f
<br /> (I) Z
<br /> 0
<br />
<br />
<br />
<br />
<br />1Jt1E "..-.
<br />YW : Jdn,'(
<br />WHE. RE~ORDED MAIL TO:
<br />Five Points Bank fo !g'f.. ISO?
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68889- b 8802...
<br />
<br />200807419
<br />
<br />':;'5:50
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated August 19, 2008, among JUDEE ELISABETH SANDMAN, whose address is
<br />
<br />222 W 7TH ST, GRAND ISLAND, NE 68801-4325 ("Trustor"); Five Points Bank, whose address is West
<br />
<br />Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and
<br />
<br />sometimes as "Beneficiary"); and (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 />The Southerly 83 1/2 feet of Lot Five (5), Block One Hundred and Twenty-five (125) in Union Pacific
<br />
<br />Railway Company's Second Addition to the City of Grand Island, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 222 W 7TH ST, GRAND ISLAND, NE 68801-4325.
<br />
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including. without limitation, a revolving line of credit, which
<br />obligates lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may
<br />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 Agreement, any temporary overages,
<br />other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit limit as provided 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 IAI PAYMENT OF THE INDEBTEDNESS AND IBI 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 />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 Credit
<br />Agreement, this 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 (') 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of
<br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release
<br />of any Hazardous Substance in violation of any Environmental Laws, Trustor authorizes Lender and its agents to enter upon the
<br />
|